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ARKANSAS 

CONTESTED  BISECTION. 

»-• 

SON  VS.  GARU] 


REPORT  AND    RESOLUTTOXS   OF    TiiK    CoMMi  l- 
TEE  ON  ELErTIOXS. 


The  Committee  on  Elections,  to  wliom  Ava?  referred  the  pe- 
tition of  Jilson  P.  Johnson,  claiming  that  he  ha^  heen  duly 
elected  a  member  of  the  House  from  the  Third  Congressional 
District  of  the  State  of  Arkansas,  and  denying  the  right  of 
lion.  A.  IT.  Garland  to  his  seat,  and  the  other  pnpii-s  rehit- 
inrr  thereto,  have  had  the  same  under  cnnsideratiiu  and  ask 
^  leave  to  iipport. 

Tn  oxnttiining  t!  e  papers  referred  to  your  Committee, 
ill  \  ;  :  of  opinion  that  it  Avill  conduce  to  a  prober  under- 
sLamiiug  of  the  merits  of  the  controversy,  and  a  just  and 
fair  d^i^ion,  to  alloHr  the  parties  to  present  their  resp:c- 
tive  claitfts  with  greater  precision  and  to  take  other  proofs 
in  relation  to  the  issues  which  may  be  thus  presented. 

The  contestant  asks  to  be  allowed  to  take  evidence  in  re- 
ference to  the  vote  of  Arkansas  county,  and  ift  as^cnting 
thereto,  the  Committee  have  thought  it  just  to  accord  like 
privileges  to  both  parties.  Pretermitting  the  exprc  :  !)ii  oT 
any  opinion  upon  the  case  as  it  now  stands,  for  obviou-  rea- 
sons, the  (Committee  report  the  matter  to  the  House,  and 
recommend  the  adoption  of  the  accompanying  resolutions. 

W.  N.  II.  SMITH,  Chairmaij. 

Resolved^  That  twenty  days  be  alloAved '  contc'^tant  to 
amend  his  notice,  if  he  so  desire.  That  the.  sitting  member 
have  thirty  days  after  such  amendment  and  %6ticc   thereof. 


or  ^c%|t^liAt\yd^cHning  to  amend,  within  which  to  make 
ont^>  aii^M'i^hc^to,  setting  out  the  grounds  on  -which  he 
Tcst^^B-"ni+wtrty-oMiis  own  election,  and  denies  the  right 
of  cdmestant  to  the  scat;  and  that  ^vithin  ten  days  there- 
after, he  serve  contestant  AYith  a  copy  of  his  answer. 

That  both  parties  be  allowed  sixty  days  after  service 
of  the  answer,  in  which  to  take  evidence  in  the  case,  and 
that  the  evidence  to  be  taken  be  limited  to  the  allegations 
and  denials  contained  in  the  notice  and  answer,  and  that  the 
evidence  thus  taken  be  forwarded  to  the  House  of  Represen- 
tatives, under  the  rules  prescribed  by  an  act  of  the  United 
States  of  February  10,  1851,  entitled  ''An  Act  to  prescribe 
the  mode  of  obtaining  evidence  in  cases  of  contested  elec- 
tions." 


EEPORT  OF  THE  COMMITTEE  ON  ELECTIONS. 


The  Committee  on  Elections,  to  whom  was  referroJ  the 
petition  of  J.  P.  Jolinson,  praying  to  be  allowed  to  contest 
tlie  seat  of  A.  11  Garhind,  and  chiiniing  the  right  thereto  as 
llepresentative  from  the  Third  Congressional  District  of 
Arkansas,  with  the  other  papers  pertaining  to  the  case,  have 
had  the  same  under  consideration  and  ask  leave  to  make  a 
report. 

The  report  heretofore  made,  presented  to  the  House  the 
question  of  a  further  extension  of  time  to  enable  the  ])artie3 
to  come  to  distinct  and  specific  issues,  and  to  collect  the 
evidence  either  might  deem  material  thereto.  The  refusal 
of  the  House  to  proceed  and  the  recommittal  of  the  whole 
I  matter,  if  not  to  be  taken  as  instructions,  are  nevertheless 
-deemed  clear  indications  of  an  intention  that  your  Commit- 
tee rejtort  the  facts  of  the  ca^^c  and  the  points  and  merits  of 
the  controversy  arising  upon  them  in  its  present  aspects. 
The  duty  thus  imposed  they  now  undertake  to  discharge. 

Your  Committee  find  that  according  to  the  returns  from 
the  several  counties  of  the  Third  Congressional  District  of 
Arkansas,  sent  to  the  office  of  Secretary  of  State,  as  re- 
quired by  law,  and  published  in  the  proclamation  of  the  Go- 
vernor on  the  10th  day  of  December,  1861,  the  sitting 
member,  A.  H.  Garland,  received  two  thousand  one  hun- 
dred and  fifty-seven  (2,157)  votes,  and  the  contestant,  J.  P. 
Johnson,  received  two  thousand  one  hundred  and  twenty- 
five  (2,1 25)  votes,  while  four  other  candidates  received  a 
less  number  each.  Upon  this  declared  statement  of  the 
vote,  the  sitting  member  has  a  plurality  of  thirty-two  votes 
over  contestant,  and  was  awarded  the  certificate  of  election. 
In  arriving  at  these  aggregates,  the  vote  cast  in  Arkansas 
couuty,  which  alone  is  drawn  in  question  before  the  Com- 


i 

millet',  ^8  reposed  from  that  county  by  tlie  returning  officers 
in  the  following  words  : 

*'  \  II.  Garland  received  one  hundred  and  seventy-five 
votes." 

"J.  T.  Johnson  received  seventy-three  votes." 

And  tl)cre  are  other  votes  reported  for  other  candidates, 
which  it  is  not  necessary  for'a  proper  understanding  of  the 
case,  to  set  out.  The  vote  of  the  county  is  evidenced  by 
what  piuports  to  be  "  an  abstract  of  the  returns  of  the  elec- 
tion hold  in  Arkansas  county,  State  of  Arkansas,  on  Wed- 
nesday, the  6tli  day  of  November,  18G1,  for  a  Representa- 
tive to  the  Congress  of  the  Confederate  States  of  America 
for  the  Third  Congressional  District,  as  appears  from  re- 
turns- made  to  this  (the  County  Court  Clerk's)  office,  and 
the  abstract  is  certified  ])y  a  Deputy  County  Court  Clerk  in 
the  name  and  on  bchal  of  his  principal,  Joseph  II.  Max- 
v;c!l,  in  an  official  attestation  and  by  two  other  persons, 
Lewis  Thompson,  a  Justice  of  the  Peace,  and  A.  II.  !McDo- 
nald,  a  house-holder,  to  be  a  true  statement  of  the  polls  of 
the  election  held  in  said  county,  on  the  Cth  day  of  Novem- 
ber, 18GI,  according  to  the  poll  books  rdurmd  and  filed  in  his 
oJBicc."  The  cortificatj  bears  date  the  13th  day  of  Novem- 
ber, the  seventh  day  after  tlie  election. 

A  second  return  dated  December  7tli,  and  bearing  the 
official  attestation  of  the  Clerk  alone,  was  prepared  by  him 
and  deposited  with  the  Secretary  of  State,  Avhich,  upon  its 
face,  also  purports  to  be  "  a  list  of  votes  given  on  the  6th 
day  of  November,  18GI,  in  Arkansas  county,  Arkansas,  for 
Congjcss,  and  gives  in  detail  the  separate  vote  at  the  elec- 
tion precincts  of  the  county.  This  return  is  declared  to  have 
Been  niavle  after  examination  of  the  poll  books,  and  to  be  a 
full  and  correct  list  of  the  votes,  and  gives  the  sitting  mem- 
ber 1S6  votes  and  the  contestant  98  votes."  A  certified 
copy  of  this  return  from  the  oflicc  of  the  Secretary  of  t^tate, 
was  placed  in  the  hands  of  the  Committee  by  the  sitting 
member. 

A  third  return,  unexceptionable  in  form,  certified  offici- 
ally by  the  Clerk  and  the  same  persons  who  certify  the  first, 
was  prepared  on  the  JOth  of  December,  three  days  after  the 
second,  was  transmitted  to  the  Secretary  of  State,  contain- 
ing a  tabular  and  specific  statement  of  the  vote  of  Arkansas 
county,  as  cast  at  the  several  precincts.  The  certificate  de- 
clares that  on  examining  the  poll  books  it  is  ascertained 
that  "A.  II.  Garland  received   195  votes,  and  J.  P.  John- 


son  135  votes,  and  that  tliis  is  a  true  anrl  correct  abstjact 
of  the  vote  as  returned  from  the  several  precincts  in  said 
county." 

The  evidence  of  these  returns,  consists  in  authenticate! 
transcripts  of  papers  on  file  in  the  office  of  the  Secretary  of 
State.  Two  such  transcripts  were  before  the  committee,  one 
of  them  was  filed  by  contestant,  with  his  petition  and  refer- 
red, containing  the  first  and  third  returns  only.  The  other 
was  oflfered  before  tlie  committee  by  the  sitting  member,  and 
contains  the  first  and  second  return. 

By  the  first  return,  A.  II.  Garland  is  elected  by  a  plural- 
ity of  32  votes ;  by  the  second,  he  is  elected  by  a  plui-ality 
of  18  votes;  and  by  the  last  return  J.  P.  Johnson  is  clecteJ 
by  a  plurality  of  8  votes. 

Accompanying  the  transcripts,  and  certified  by  the  same 
authority,  was  a  copy  of  an,  explanatory  letter  or  statement 
from  the  clerk,  of  tlie  date  of  the  last  return,  which  as  an 
unsworn  declaration,  and  not  of  the  kind  required  to  be  of- 
ficially made,  and  thus  become  a  record,  your  committee  did 
not  consider  themselves  at  liberty  to  regard  as  evidence. 

According  to  the  laws  of  Arkansas,  regulating  elections, 
and  which  may  be  found  in  Gould's  Dige.^t,  Chapter  62, 
two  poll-books  of  election  are  kept  by  the  judges  at  each 
place  of  balloting,  one  of  which  they  retain  in  their  own 
hands  for  public  inspection,  and  the  other  is  deposited  within 
three  days  with  the  county  court  clerk.  On  the  5th  day 
after  an  election,  and  sooner  if  the  returns  from  the  precincts 
are  all  in,  these  poll-books  are  to  be  compared,  and  an  ab- 
stract thereof  made  out  and  sent  by  mail  to  the  Secretary  of 
State.  If  the  returns  have  not  been  sent  in,  the  clerk  is 
required  to  despatch  a  messenger  after  siich  as  are  missing, 
and  in  this  case,  seven  days  are  allowed  for  comparing  the 
polls.  The  duty  of  comparing  the  polls  and.  preparing  the 
abstract  is  to  be  performed  by  the  clerk  and  two  justices  of 
the  peace,  and  if  the  latter  cannot  be  conveniently  had,  two 
sworn  householders  in  place  of  the  justices,  and  this  abstract 
with  the  certificate  of  at  least  two  of  the  number  attached, 
must  be  transmitted  as  already  stated. 

The  statute  directs  the  S.cretary  of  State,  if  he  fiils  to 
receive  the  abstracts  for  the  two  next  succeeding  mails  after 
they  are  due,  to  send  for  sueh  as  are  wanting,  and  Avhen  all 
have  been  received,  or  within  thirty  days  if  they  have  not, 
to  cast  up  the  votes  from  the  different  counties  in  presence 
of  the  Governor,  and  ascertain  the  result ;  and  therGovernor 


is  directed  iinmadiately  th(?reup:>n  by  proclamation,  to  an- 
nounce the  same  and  award  his  certificate. 

The  ballots  themselves  cast  at  the  several  places  of  voting, 
are  also  required  to  be  depo.'^itcd  by  the  judges  with  the 
county  court  clerk. 

The  attention  of  the  committee  has  been  called  to  tlie  Act 
of  the  Congress  of  the  United  States,  of  February  19,  1851, 
in  reference  to  contested  elections,  and  its  bearing  upon  the 
case. 

This  act  requires  a  contestant  to  give  notice  of  his 
intention  to  contest  to  the  party  declared  to  bo  elected  with- 
in 30  days  thereafter,  and  therein  to  specify  particularly  the 
grounds  upon  which  he  proposes  to  contest  the  right  of  the 
latter  to  his  seat. 

It  re(}uircs  the  party  thus  notified,  within  30  days  there- 
after, to  deliver  to  the  contestant  a  copy  of  his  answer 
wliich  must  ad::iit  or  deny  the  allegations  made  in  the  notice. 

The  other  provisions  of  the  statute  relate  mostly  to  the 
methods  of  taking  proofs,  and  limit  the  evidence  to  the  mat- 
ters put  in  i  sue. 

Various  questions  arc  presented  upon  this  statement  of 
tlic  case  to  which  the  attention  of  3'our  committee  has  been 
directed,  and  which  they  believe  are  disposed  of  in  the  con- 
clusions to  which  they  have  come,  and  which  they  will  pro- 
ceed briefly  to  announce. 

THE   NOTICE. 

The  committee  are  of  opinion  that  the  notice  given 
to  Mr.  Garland,  on  the  23d  of  December,  as  admitted  by 
him,  although  less  specific  in  its  terms,  than  it  might  have 
been  made,  conforms,  nevertheless,  substantially  to  the  re- 
quirements of  the  act,  and  is  sufficient.  It  distinctly  assigns 
error  in  the  returns  from  Arkansas  county,  the  correction 
of  which  by  the  poll-books  would  make  a  relative  change  of 
40  votes  and  reversing  the  result,  elect  contestant  by  a  plu- 
rality of  S  votes. 

The  election  of  Mr.  G  a  viand  is  impeached  on  this 
ground,  and  the  notice  directs  his  attention  to  it. 

Your  committee  cannot  allow  to  the  failure  of  the  sitting 
member  to  answer  the  allegations  in  the  notice,  the  effect, 
without  other  proofs  of  dispossessing  him  of  his  seat,  and 
still  less  of  admitting  contestant  in  his  place.  Analogies 
drawn  fVom  rules  of  pleading  and  practice,  adopted  in  legal 


tribunals  in  the  investigation  of  personal  controversies  and 
which  affect  individual  interests  only,  are  entirely  inapplica- 
ble to  questions  involving  the  privileges  of  the  House,  and 
the  political  rights  of  constituencies  and  States.  Nor  is 
there  anything  in  the  act  of  Congress  which  gives  counte- 
nance to  the  argument  based  upon  them.  In  the  judgment 
of  your  committee,  the  range  of  their  enquiries  must  be 
more  comprehensive,  and  they  are  to  ascertain  who  is  elec- 
ted and  entitled  to  the  disputed  seat.  If  the  evidence  re- 
quire, they  may  refuse  the  seat  to  both  contestants  and 
award  it  to  a  party  not  before  them. 

Your  committee  will  not  stop  to  point  out  all  the  difficult 
ties  of  a  proposition  which  requires  them  to  take  as  con- 
clusive the  unanswered  averments  of  a  notice.  They  will 
present  but  a  single  one.  Suppose  there  were  two  contest- 
ants, neither  of  whose  notices  is  answered,  to  whom  shall 
the  seat  be  given  ?  Or  can  the  party  in  possession  of  the 
certificate,  by  answering  one  and  refusing  to  answer  the  oth- 
er at  his  own  pleasure,  transfer  the  seat  to  the  one  he  may 
prefer  ?  And  might  not  a  person  ineligible  under  the  Con- 
stitution, by  this  means  become  a  member  of  tlie  House. 

Your  committee  could  not  then  properly  arrest  the  enqui- 
ries they  are  charged  to  make  as  to  the  right  to  the  contest- 
ed seat,  but  proceeded  to  examine  such  evidence  as  was  pro- 
duced before  them,  in  order  to  determine  upon  its  sufficiency 
to  warrant  them  in  reversing  the  decision  of  the  Governor 
of  the  State. 

It  is  to  be  observed  that  there  are  tliree  distinct,  indepen- 
dent and  essentially  conflicting  abstracts,  each  certified  by 
the  officer  having  in  custody  the  original,  as  true  and  made 
up  from  the  one  set  of  poll-books  in  his  office.  Of  these  the 
first  only  is  within  the  extreme  limit  allowed  by  law,  and  is 
accepted  and  acted  on  by  the  Governor.  It  is  certified  by 
a  deputy  clerk,  authorized  by  law,  a  justice  of  the  peace 
and  a  householder,  and  in  form  complies  with  the  requisi- 
tions of  law.  It  does  not  appear  that  McDonald,  the  house- 
holder was  sworn,  and  if  the  averment  of  his  being  sworn  is 
deemed  necessary  to  the  validity  of  his  act,  which  the  com- 
mittee are  not  prepared  to  admit,  still  the  attestation  of  the 
other  two  is  good  and  sufficient  under  the  statute.  It  might  be 
further  suggested,  if  parol  proof  were  admissible,  to  shoT 
that  he  was  sworn,  (and  of  this  there  seems  to  be  m  JMsi 
grounds  of  doubt)  whether  the  Governor  must  not  be  a^usm- 
ed  to  have  had  evidence  of  whatever  was  materiil  t)  t U  v.:- 


8 

lidity  of  the  return  when  he  acted  upon  it.  The  second  return 
IS  tlie  act  of  but  a  single  ofiicer,  and  was  prepared  more  than 
a  month  after  the  election.  The  third  return  is  unobjco- 
tionable  in  form,  but  was  made  up  still  Liter,  and  coubl  not 
have  reached  the  Secretary  of  State,  until  the  count  required 
of  him  had  been  made,  and  the  result  of  the  election  ascer- 
tained and  declared.  This  mu^t  be  apparent  from  the  fact 
that  the  return  and  proclamation  bear  the  same  date. 
^  But  the  committee  are  not  restricted  as  was  the  Governor, 
and  whether  he  should  have  considered  the  last  return  or 
not,  they  arc  to  ascertain  the  true  state  of  the  vote.  Upon 
the  proofs  before  them,  they  are  unable  to  report  the  vote  of 
Arkansas  County  as  differing  fr(»m  that  declared  in  t  e  pro- 
clamation. They  know  no  ])rinciple  upon  which  ])rei)onder- 
ancc  is  to  be  given  to  the  last  of  the  conflicting  returns  and 
the  first.  Whether  the  discrepancy  is  the  consequence  of 
clerical  error,  or  results  from  alterations  made  in  the  books 
during  the  interval — or  because  one  is  partial  and  the  other 
full — or  from  some  other  cause,  your  committee  will  not 
undertake  to  infer,  in  the  absence  of  any  just  principle  of 
evidence^  upon  which  such  inference  can  be  made.  Official 
papers  returned  within  time  ought  to  be  invalidated  by  others, 
not  so  returned,  only  upon  clear  and  satisfactory  proof  of 
error.     Such   proof  has  not  been  given  to  your  committee. 

It  is  obvious  that  the  only  means  of  arriving  at  the  true 
vote  of  Arkansas  County  would  be  the  production  of  the 
poll-books  themselves,  of  which  there  should  be  double  sets, 
or  authenticated  copies  direct  from  the  office  in  which  they 
are  kept.  This  evidence  would  reveal  the  correct  vote, 
while  conflicting  abstracts  or  copies  successively  sent  to 
another  office  and  thence  certified  to  us  never  can.  Or  parol 
evidence  might  be  produced  in  support  of  the  correct  return, 
if  either  be  correct,  and  of  the  actual  vote,  if  none  are.  The 
preservation  of  the  ballots  would  facilitate  the  enquiry. 
Neither  pirty  has  resn-ted  to  this  originil  an  I  primary 
source  ot  evidence,  in  its  nature  decisive  of  the  facts. 

The  sitting  member  holds  his  place  upon  the  lloor  by  the 
adjudication  of  the  House  on  his  prima  facia  title  under  the 
Governor's  certificate.  Your  committee  cannot,  upon  the 
facts  before  them,  deprive  him  of  the  advantages  he  tlius 
holds,  and  undertake  to  reverse  the  action  of  the  executive 
authority  of  Arkansas. 

After  the  committ:e  had  proceeded  thus  far  in  their  inves- 
tigations and  conclusions  upon  the  evidence  before  them,  an 


application  was  made  by  contestant,  supported  bj  affidavit 
for  time  to  take  other  and  further  testimony  as  to  tlio  vote 
of  the  County  of  Arkansas.  The  committee  understood  the 
sitting  member  to  ask  that  the  privilege  should  be  granted 
to  him  to  take  further  evidence  generally  provided  any  time 
is  granted  for  the  purpose  asked  by  contestant. 

Your  committee  admit  that  the  evidence  submitted  by 
contestant,  though  insufficient  for  t!ie  purpose  of  ousting 
the  sitting  member  for  reasons  already  stated,  is  yet  of  such 
force  as  to  entitle  the  application  for  further  time  to  res- 
pectful consideration.  And  as  this  is  the  first  contested 
election  case  under  our  Government,  as  its  decision  and  the 
rules  established  by  it  will  be,  for  manifest  reasons,  entitled 
hereafter  to  much  weight  as  a  precedent,  and  as  several  of 
your  committee  seriously  doubt  whether  the  act  of  the  Con- 
gress of  the  United  States  in  such  cases  is  of  bin  ling  force, 
and  certainly  was  not  observed  by  either  party  thus  far; 
your  committee  seeing  that  no  damage  could  result  to  cither 
the  contestant  or  sitting  member,  or  their  constituency,  re- 
solved, as  far  as  possible,  and  justice  would  admit,  to  seek 
to  establish  such  a  rule  as  would  be  a  guide  in  future  cases. 

Your  committee  propose  to  act  upon  the  case  as  if  it  had 
just  arisen,  and  to  suggest  a  reasonable  time  wherein  a  con- 
testant must  give  notice  of  his  purpose  to  contest,  the  time 
in  which  a  sitting  member  must  reply  to  su^h  notice,  and 
the  time,  and  rules,  &c.,  in  which  and  under  which  evidence 
shall  be  taken.  They  propose  that  this  House  shall  formally 
adopt  the  rules  prescribed  by  the  act  of  the  Congress  of  the 
United  States,  and  thus  add  to  whatever  force  th;y  may  now 
have,  the  solemn  sanction  of  the  House  in  the  first  contested 
election  case  that  comes  before  it. 

They,  therefore,  report  the  following  resolutions: 

1.  Raolved,  That  thirty  days  be  allowed  to  contestant  to 
amend  his  notice,  if  he  so  desire. 

2.  That  the  sitting  member  bo  allowed  thirty  days,  after 
such  amendment  is  made  and  notice  thereof,  or  after  notice 
of  contestant's  declining  to  amend,  in  Avhich  to  make  and 
serve  his  answer  thereto  on  contestant,  setting  out  in  said 
answer  the  grounds  on  which  he  rests  the  validity  of  his 
own,  and  denies  the  election  of  contestant. 

3.  That  after  service  of  the  answer,  or  expiration  of  the 
time  limited  therefor,  sixty  days  be  alloAved  the  parties  to 
take  evidence,  which  shall  be  confined  to  the  allegations  and 
denials  contained  in  the   notice   and  answer,   and  that  the 


to 

same  be  taken  and  t;"ansmitte(l  to  the  House,  under  the  rules 
prescribed  by  the  Act  of  the  Congress  of  the  United  States, 
approved  February  19,  1851,  entitled  "An  Act  to  prescribe 
the  mode  of  obtaining  evidence  in  cases  of  contested  elec- 
tions. AV.  N.   II.   SMITH, 

Chairmui,  etc. 


MINORITY  REPORT. 


The  undersigned  two  of  the  Committee  on  Elections,  to 
whom  was  referred  the  petition  of  the  Hon.  J,  P.  Johnson, 
of  Arkansas,  "claiming  the  seat  in  the  House  as  th )  Repre- 
sentative from  the  Third  District  in  the  State  of  Arkansas, 
and  asking  that  he  be  permitted  to  contest  the  seat  of  the 
sitting  member,  the  Hon.  A.  H.  Garland,"  differing  in  their 
convictions  from  the  majority  of  the  Committee,  beg  leave 
to  present  this  minority  report. 

In  pursuance  to  law  an  election  for  Congressmen  was  held 
in  the  Third  Congressional  District  of  the  State  of  Arkan- 
sas, on  the  6th  November,  1861,  at  which  the  contestant 
and  tlic  sitting  member,  together  with  others,  were  candi- 
dates, and  as  such  voted  for. 

The  District  is  composed  of  thirteen  counties,  the  couniy  of 
Arkansas  being  one.  In  the  State  of  Arkansas  the  Voting 
is  by  ballot,  ami  it  is  made  the  duty  of  the  judges  of  the 
several  precincts  to  make  out  duplicate  lists  or  poll  books 
of  the  ballots  or  votes  cast,  one  of  which  they  are  required 
to  retain,  and  the.other  to  return  under  cover  of  seal  to  the 
Clerk  of  the  County  Court,  within  three  days  after  the  elec- 
tion ;  but,  if  from  any  cause,  the  poll  books  should  not  be 
returned  within  three  days  from  any  one  of  the  preoincts,  it 
is  made  the  duty  of  the  Clerk,  on  the  next  day  (that  is  the 
fourth  day  after  the  election)  to  dispatch  a  messenger  for 
the  same. 

The  law  further  provides  that  if  tlie  poll  books  arc  all  re- 
^turned  within  the  three  days,  it  shall  be  the  duty  of  the 
Clerk,  on  the  oth  day  after  the  election,  to  call  to  his  assis- 
tance two  justices  of  the  peace,  if  to  be  had  conveniently ; 
if  not,  two  householders,  who  being  first  sworn,  shall  pro- 
ceed to  open  the  poll  books,  and  cast  up  the  votes  for  each 
of  the  candidates,  and  make  out  an  abstract  of  the  vote  as 
they  may  find  it  to  be  from  the  poll  books. 

In  the  event  the  poll  books  are  not  received  within  the 
three  days,  and  a  messenger  is  dispatched  as  contemplated 
by  the  statute,  then  the  abstract  is  to  be  made  out  on  the 
7th  dav  after  the  election. 


12 

The  ;P)sfnict  thus  uiutle  out  is  to  be  certific'l,  and  it  is 
made  the  liiity  of  the  Clerk  immediately  to  mail  it  in  the 
nearest  post-office,  addressed  to  the  Secretary  of  State  at 
the  Cajiital  or  Seat  of  Government,  whose  duty  it  shall  be 
to  file  tlie  same  away  in  his  oflBce,  under  seal. 

It  is  made  the  duty  of  the  Governor  and  Secretary  of 
State  within  thirty  days,  or  sooner,  if  the  returns  are  all 
in,  to  open  the  abstracts  or  certificates,  and  count  up  the 
voto,  aal  the  Governor  shall  then  imnieliately  is?uoa  certifi- 
cate of  election  to  the  person  having  the  highest  number  of 
votes,  anil  also  his   proclamation,   announcing  his  election. 

*'  See  Gould's  Digest  Statutes  of  Arkansas,  under  the 
head  of  elections." 

In  tliis  case,  on  the  13th  November,  seven  daj^s  after  the 
election,  the  Deputy  Clerk,  a  justice  of  the  peace  and  a 
house-holder  opened  the  poll  books  of  Arkansas  County, 
and  cast  up  the  vote,  and  thereupon  forwarded  the  abstract 
to  the  Secretary  of  State.  This  rbstract  shows  that  the 
sitting  member  received  one  hundred  and  seventy-five 
votes,  and  the  contestant  seventy-three  votes.  WMen  this 
abstract  reached  the  office  of  the  Secretary  of  State  does  not 
appear,  but  it  was  on  or  prior  to  the  lOth  day  of  December, 
ISGl.for  on  that  da}^  acting  upon  this  certificate  or  ab- 
stract, the  Governor  issued  the  certificate  of  election  to  Mr. 
CJarland.  and  also  issued  his  proclamation  announcing  the 
vote,  which  agrees  with  this  first  certificate. 

On  the  lUth  of  December,  1861,  the  Clerk  of  tlie  County 
Court,  and  the  same  justice  and  house-holder,  by  somo 
means,  learning  a  mistake  had  been  made  in  counting  the 
vote  on  the  7th  November  preceding,  took  the  poll  books 
and  recounted  the  votes,  and  upon  such  recounting,  disco- 
vered that  the  contestant  ha;!,  in  fact,  received  one  Jiundrcd 
and  thirty  tliree  votes,  and  the  Hon.  A.  II.  Garlan<l  one 
hundrcil  and  ninety-five.  Assuming  this  last  abstract  tobe« 
the  correct  one,  by  adding  the  vote  received  b}'-  each  in  Ar- 
kansas county,  to  the  aggregate  vote  of  each  in  tiie  other 
counties,  there  is  a  clear  plurality  in  favor  of  contestant  of 
eight  votes.  This  last  abstract  reached  the  Secretary's  office 
on  the  1  1th  December,  one  day  after  the  Governor  issued  his 
certificate  to  Mr.  (larland,  and  Avas  received  and  filed  in  the 
Secretary's  office.  Accompanying  the  last  abstract  is  the 
statement  of  the  Clerk,  that  on  the  day  the  polls  were  first 
compared  and  the  abstract  was  made  out,  he  was  engaged 
waiting  upon  the  Circuit  Court  then  in  session,  and  the  polls 


13 

were  then  compared  by  his  deputy,  the  justice  and  the  house- 
holder ;  and  the  Clerk,  justice  and  househokler  all  unite  in 
praying  the  Governor  to  suffer  them  to  withdraw  the  first 
and  incorrect  return,  and  substitute  the  last  or  true  one. 
The  true,  or  as  it  is  called  b}^  the  contestant,  the  corrected 
return,  was  on  file  within  the  thirty  days  allowed  the  Gover- 
nor to  grant  the  certificate  and  issue  his  proclamation,  com- 
puting the  time  to  commence  running  from  the  comparison 
of  the  polls,  Avhich  we  think  is  the  obvious  meaning  of  the 
Statute  of  Arkansas.  It  is  proper  to  state,  in  this  connec- 
tion, that  in  the  first  abstract  the  aggregate  vote  of  the 
county  only  is  given,  whereas,  the  last  or  corrected  return, 
gives  the  vote  by  preciticts.  Upon  this  statement  of  facts 
the  contestant,  on  the  14th  day  of  December,  gave  the  sit- 
ting member  notice  that  he  would  contest  his  right  to  the 
seat,  which  notice  Mr.  Garland  admits  he  received  between 
the  21st  and  23d  of  the  same  month.  To  this  notice  Mr. 
Garland  did  not  respon<l  within  the  time  prescribe*!  by  the 
act  of  Congress  passed  in  1851,  now  in  force  in  the  Confed- 
erate States  of  America. 

In  his  argument  before  the  Committee  ho  excepted  to  it, 
on  the  ground  of  indefiniteness  and  want  of  particu  arity. 
We  do  not  propose  to  discuss  the  proposition  in  tliis  report. 
We  think  the  notice  sufficiently  acquaints  the  party  with 
the  groun<ls  relied  on  by  the  contestant  to  establish  his 
right  to  the  scat,  and  in  this  opinion  a  majority  of  the  Com- 
mittee concurred  As  before  stated,  Mr.  Garland  failed  to 
answer  the  notice  within  tlic  time  prescribed  by  law,  and  in 
his  response  to  the  petition  of  the  contestant  he  fails  to  con- 
trovert the  fact  charged,  that  the  corrected  list  of  the  vote 
of  Arkansas  county,  gives  the  contestant  a  majority  of 
eight  votes.  What  consequences,  if  any,  flow  from  this 
failure  ?  We  think  it  operates  as  a  confession  of  the  facts 
alleged  and  taken  in  connection  with  the  testimony  adduced 
before  the  Committee,  establishes  Mr.  Johnson's  ritrht  to 
the  scat  in  controversy. 

Mr.  Garland  objected  to  the  introduction  of  the  last  or 
corrected  return'  as  evidence,  upon  the  ground  that  it  was 
not  made  within  the  time  prescribed  by  the  law  of  /:rkansas, 
and  upon  the  further  ground  that  the  officers  comparing  the 
polls  became  immediately  after  making  out  and  certitying 
the  first  abstract,  functi  officio,  and  had  no  right  at  a  su'  se- 
quent period  to  examine  the  poll  books,  and  make  out  a  new 


14 

and  corrected  abstract.  The  statutes  of  Arkansas  invoked 
by  bini  are  merely  directory  and  a  non-compliance  with 
their  rerjuiroments  on  the  part  of  State  officials,  either  b}'  a 
failure  to  make  any  return  whatever,  within  the  time  re- 
quired, or  by  a  false  and  mistaken  return  of  the  vote  cast, 
cannot,  we  think,  affect  the  right  of  the  parties,  or  restrain 
this  body  from  a  full  investigation  and  a  deliberate  judg- 
ment of  the  results  of  a  popular  election. 

This  House,  under  the  Constitution,  is  the  sole  .yidge  of 
the  ebclhm  and  return  of  its  own  members.  This  pow.^r  is 
requisite  to  preserve  a  pure  and  genuine  representation,  and 
to  the  prevention  of  frauds  and  the  correction  of  mistakes 
and  blunders  on  the  part  of  mere  ministerial  agents,  in  as- 
certaining and  ccrtilying  the  results  of  a  popular  canvass. 
No  body  can  be  too  watchful,  as  this  in  guarding  its  own 
rights  and  privileges  from  infringement,  in  purifying  and 
vindicating  its  own  character,  And  in  preserving  and 
sustaining  the  free  choice  of  its  constituents.  Guided,  as 
we  have  been,  we  trust,  by  a  sincere  desire  to  do  exact  jus- 
tice to  the  parties,  and  having  in  view  the  public  interest, 
in  seeing  that  each  district  is  represented  in  this  House  by 
the  members  really  and  duly  elected,  we  have  arrived  at 
the  conclusion  that  the  sitting  member,  the  Hon.  A.  H. 
Garland,  is  not  duly  elected  from  the  said  Congressional 
District  of  the  State  of  Arkansas,  as  a  Representative  to 
the  first  Congress  of  the  Confederate  States  ;  but  that  the 
said  contestant,  the  Hon.  Jilson  P.  Johnson,  was  and  is 
duly  elected  from  said  district,  and  is  entitled  to  the  seat 
as  Representative  from  the  same. 

We  therefore  beg  respectfully  to  express  our  decided  dis- 
sent from  the  recommendation  cent  lined  in  the  report  of  a 
majority  of  the  Committee.  The  adoption  of  that  report 
■will,  in  our  judgment,  be  productive  of  a  long,  tedious,  and 
expensive  controversy  and  investigation,  not  merely  into 
the  correctness  of  the  returns  from  each  county,  but  of  the 
fairness  and  legality  of  every  vote  cast  in  the  district.  Ac- 
cording to  our  understanding,  the  only  question  at  issue  be- 
tween Mr.  Johnson  and  Mr.  Garland  before  the  Committee, 
was  relative  to  the  vote  in  Arkansas  county.  There  was  no 
paper  nor  document  before  the  Committee — not  a  scintilla  of 
proof  tending  to  show  the  existence  of  any  mistake,  fraud 
or  mismanagement  in  the  vote  or  in  the  returns  from  any 
other  county. 

And  while  we  were  of  opinion  that  the  poll  books  of  the 


15 

tjounty  of  Arkansas  or  testimony  tending  to  elucidate  the 
true  vote  of  that  county,  might,  wih  propriety,  be  brought 
before  the  Committee  for  the  satisfaction  of  those  -who  en- 
tertained doubts  of  the  result  there.  We  are  satisfied  that 
to  throw  open  the  door  at  this  stage  of  the  proceedings  to  an 
inquiry  into  the  vote  of  the  entire  district,  would  result'  in 
establishing  an  unwise  precedent  in  raising  new  questions, 
and  prescribing  other  issues  than  those  contemplated  by  the 
parties  in  the  proofs  and  pleadings  exhibited  and  evolved 
before  the  Committee.  WALLER  R.  STAPLES, 

JNO.  W.   CROCKETT. 

AVe  do,  therefore,  offer  the  following  resolution  for  the 
adoption  of  this  House  : 

Resolved,  That  the  Hon.  Jilson  V.  Johnson  is  duly  elected 
Representative  from  the  Third  Congressional  District  of  the 
State  of  Arkansas,  and  as  such  is  entitled  to  the  scat  in  this 
House  as  the  Representative  from  third  district. 


PROCLAMATION  BY  THE  GOVERNOR 


STATE    OF    ARKANSAS. 

To  All  io  Whom  these  Presents  shall  comf.,  Grii-ling  : 

Whereas,  in  compliance  with  law  an  election  was  held  on 
the  first  Wednesday  of  Noveml)cr,  A.  D.  1861,  in  the  let, 
2d,  3d  and  4th  Congressional  Districts  of  this  State  for  the 
election  in  each  of  said  Districts,  of  one  Representative  to 
roprcsen*  the  State  of  Arkansas  in  the  House  of  Represen- 
tatives of  tlie  Congress  of  the  Confederate  States  of  Amer- 
ica, for  and  daring  the  tenn  of  two  years,  which  will  com- 
mence with  the  22d  day  of  February,  A.  D.  1862,  and  end 
with  the  21st  day  of  February,  A.  D.  1864,  and  will  em- 
brace the  first  Congress  of  the  Confederate  States;  And 
Avhereas,  from  the  returns  of  said  election  on  file  in  the  office, 
of  the  Secretary  of  State,  it  appears  that  in  said  First  Con- 
gressional District  the  following  named  persons  vpi-cIvimI  the 
number  of  votes  set  under  their  names,  to-wit : 


c" 

c: 

O 

, 

O 
C/3 

^ 

? 

■^ 

p= 

:; 

;Coi^Tii:s. 

'"^ 

o 

"" 

fcX) 

*.       ' 

»—< 

D 

c: 

t—i 

H 

O 

'  w 

y. 

^ 

r^ 

1— < 

c3 

o 

« 

^ 

^ 

p— < 

cn 

Benton 

734 

36') 

4  08 
176 
18;S 
359 
5ii8 
3)2 
1  !7 
■1  ) 

131 
3')5 

86 
150 
114 
316 
128 

23 
2i6 

76 

85 

7 

I 

14 

4 

8 

Wash  in  ""ton 

57 

Madison 

1 

Carroll 

Newton 

8 

Crawfoi"il 

Fi'auklin 

Johnson 

Pops 

• 

Marion 

1 

Searcy  

\  an  Biircn 

113 
220 

1  ()()'■ 
140 

Conway  

Total 

4.234 

1,879 

36 

67 

17 


And  in  the  Second  Congressional  District  the  following 
named  persons  received  the  number  of  votes  set  under  their 
names,  to-wit: 


oyston. 

o 

Si 

© 

O) 

S-i 

Counties. 

P^      . 

1-H 

Ul 

^ 

'^ 

1-3 

n 

m 

E-! 

S 

6 

P4 

^      : 

< 

1-^' 

in 

< 

o 

a 

Sebastian 

20  i 

6 

4 

1 

450 

107 

90 

Scott 

78 

15 

15 

32 

8 

7# 

Polk i 

195 

487 

179 

71 

2 

57 

114 

54 

b<0 

49 
12 

16 
5 
1 

59 

9 

20 

3 

15 

Sevier 

6 
4 

Yell 

Montgomery. , . . 

i 

Pike.... : 

156 ; 

21 

58 

22 

1 

1 

Hemps*^ead 

762  ! 

25 

38 

2 

3 

2 

19 

Lafayette 

479 

^iS 

6(1 

7 

Columbia 

327 

464 

258 

6 

3 

Ouachita 

257 

336 

301 

14 

8 

Clark 

230 

83 

14 

303 

3 

2 

-Perry 

76 

29 

2 

4 

Hot  Springs.  . .  . 

142  . 

51 

12 

117 

2 

Total 

3,459 

K323 

864 

572 

52S 

139 

207 

Scattering,  10. 


18 

And  in  the  Third  Congressional  District  the  following 
named  persons  received  the  number  of  votes  set  under  their 
names,  to-wit: 


a 

o 

m 

a 

tS 

, 

o 

S 

>» 

c3 

-tj 

o 

COUNTIKS. 

<y 

C 

< 

o 

P 
o 

m 

1— J 

d 

^ 

Pm 

Ph' 

03 

H-J 

<^ 

« 

»-s 

oi 

^ 

O 
CO 

Pulaski 

117 

444 

221 

9 

21 

1 

2 

Saline 

144 

149 
52 

123 

231 

21) 

190 
112 

60 

2 
18 

8 
34 
51 

1 

8 
100 

Dallas 

1 

Calhoun 

1 

XJnion  

172 

348 

343 

70 

194 

58 

9F 

1 
7 

14 

105 

« 

Jefferson 

Bradley 

165 

73 

183 

13t 

17 

99 

Drew 

196 
11 

241 
163 

186 
336 

26 
53 

176 
55 

17 
4 

A.^hley 

Chicot, 

82 

161 

1 

38 

2 

1 

1 

Desha 

347 
73 

22 
175 

10 

33 
93 

3 
6 

3 

8 

Arkansas 

1 

Prairie 

269 

91 

159 

2 

146 

2 

Total 

2,125 

2,157 

1710 

527 

514 

263|     8 

19 


And  in  the  Fourth  Concrressional  District  the  followinjj 
named  persons  received  the  number  of  votes  set  under  their 
names,  to-wit : 


e 

O 

• 

* 

S-i 

, 

a> 

>-. 

-•-> 

Counties. 

c3 

dn. 

h-" 

r, 

l-H 

• 

Hi 

r' 

tt 

, 

ai 

ci 

H 

1-^ 

Fulton 

86 
231 

26 
15 

Izard  

Randolph 

117 

151 

Lawrence 

333 
47 

438 

151 
18.) 
132 

Green 

Indpcndencc 

White 

347 

167 

96 

241 
611) 
225 

Jackson 

Craighead 

^ 

Poinsett 

195 

27 

St.  Francis 

321 

157 

Crittenden,  no  returns  received. 

Mississippi 

71 

50 

Monroe , 

2G9 
449 

49 
3i)4 

Phillips 

Total 

3,227 

2.127 

11 

Making  in  the  aggregate,  in  the  First  Congressional  Dis- 
trict, for  Fe'ix  I.  Batson,  four  thousand  two  hundred  and 
thirty-four  votes;  for  H.  F.  Thoraasson,  one  tliousand  eight 
hundred  and  seventy-nine  votes;  for  R.  F.  Colburn,  thirtv- 
six  votes  ;  scattering,  sixty-seven.  In  the  Second  Congres- 
sional District,  for  G.  D.  Royston,  three  thousand  four  hun- 
dred and  fifty-nine  votes;  for  A.  S.  Huey,  one  thousand 
three  hundred  and  twenty-three  votes;  for  J.  T.  Pcajden, 
eight  hundred  and  sixty-four  votes ;  for  S.  M.  Scott,  five 
hundred  and  seventy-two  voles ;  for  A.  G.  Mayers,  five  hun- 
dred and  twenty-three  votes;  for  John  F.  Wheeler,  one 
hundred  and  thirty-nine  votes ;  for  Green  J.  Clark,  two 
hundred  and  seven  votes;  and  scattering  ten  votes.     In  the 


20 

Third  Congressional'  District,  for  A.  II.  Garland,  two  thou- 
sand one  hundred  and  fifty-seven  votes  ;  for  Jilson  P.  John- 
son, two  thousiuid  one  hundred  and  twenty-five  votes ;  for 
B.  C.  Ilarley,  one  thousand  seven  hundred  and  ten  votes ; 
for  J.  C.  Murray,  five  hundred  and  twenty-seven  votes;  for 
S.  F.  Arnett,  five  hundred  and  fourteen  votes;  for  W.  P. 
Grace,  two  hundred  and  sixty-three  votes ;  and  scattering 
eight  votes ;  and  in  the  Fourth  Congressional  District,  for 
Thomas  B.  Hauly,  three  thou--and  two  hundred  and  twenty- 
seven  votes;  for  James  H.  Patterson,  two  thousand  one  hun- 
dred and  twenty-seven  votes ;  and  scattering  eleven  votes. 
Now,  therefore,  I,  Henry  iM.  Rixtok,  Governor  of  the 
■State  of  Arkansas,  hy  virtue  of  the  authority  in  nie  vested 
by  law,  do  hereby  declare  and  make  known,  that  Felix  I. 
'Batson,  in  the  said  First  Congressional  District;  Grandison 
D.  Rov-ston,  in  the  said  Second  Congressional  District ; 
Augustus  II.  Garland,  in  the  said  Third  Congressional  Dis- 
trict;  and  Thomas  B.  Hanly.  in  the  said  Fourth  Congres- 
sional District,  were  at  said  election  duly  elected  Represen- 
tatives to  represent  the  State  of  Arkansas  in  the  Jlouse  of 
Representatives  of  the  Congress  of  the  Confederate  States 
of  America,  for  the  term  of  two  years,  wdiich  will  commence 
on  the  22d  day  of  February,  A.  D.  18G2,  and  \y\]\  end  on 
the  21st  day  of  February,  A.  D.  1.864,  and  will  onbrace  the 
first  Congress  of  the  Confederate  States. 

In  testimony  whereof,  I  have  hereunto  set  my 
/-^^^      hand  and  caused  the  seal  of  the  State  of  Arkansas, 

j  L.  S.  [  to  be  affixed  at  Little  Rock,  this  the  I  nth  day  of 

'  v.^^/  *  December,  A.  D.  1861. 

H.  M.  HECTOR, 
By  the  Governor : 

JoHX  I.  Stirman,  Secretary  of  State. 

STATE  OF  ARKANSAS. 

I,  John  I.  S  irman.  Secretary  of  State  of  the  State  of 
Arkansas,  do  certify  that  the  annexed  and  foregoing  Procla- 
mation by  the  Governor,  11.  M.  Rector,  of  date  10th  of 
December,  1 861,  is  a  true  and  perfect  copy  of  the  same  on 
file  ij^  my  office. 

In  testimony  whereof  I  have  hereunto  subscribed  my  name 
/^-^       as  such  Secretary  of  State,  and  affixed  the  great 
A  SEAL.  >    seal  of  the  State,  at  office  in  Little  Rock,  this  13th 
^  ^-v-^  ^    day  of  December,  1861. 

JOHN  I.  STIRMAN,  Secretary  of  State. 
By  E.  W.  Stirman,  Deputy  Secretary  of  State. 


f 


21 


THE  STATE  OF  ARKANSAS : 

I,  Henry  M.  Rector,  Governor  of  the  State  of  Arkansag, 
and  keeper  of  the  Seal  thereof,  do  hereby  certify  that  John  I. 
Stirman  and  E.  W.  Stirman,  his  Deputy,  whose  names  are 
signed  to  the  annexed  instruments  of  writin£r.  'R'as  at  the 
time  of  signing  the  same  Secretary  of  State,  and  E.  W.  Stir- 
man Deputy  Secretary  of  State,  in  and  for  the  State  of  Ar- 
kansas, duly  commissioned  according  to  lavr,  and  that  his 
attestation  is  in  due  form. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 

.^-^  caused  the  Seal  of  said  State  to  be  affixed  at 
<  Seal  >  Little  Rock,  on  the  13th  day  of  December,  A.  D., 
^  ^^  ^  1861. 

H.  M.  RECTOR. 
By  the  Governor: 

John  I.  Stirman,  Secretary  of  State. 

By  E.  W.  Stirman,  Dipufy. 


An  abstract  of  the  returns  of  the  election  held  in  Arkan- 
sas county,  State  of  Arkansas,  on  Wednesday,  the  sixth 
day  of  November,  1861,  for  a  representative  to  the  Con- 
gress of  the  Confederate  States  of  America,  for  the  Third 
Congressional  District,  as  appears  from  the  returns  made 
to  this  office. 

John  C.  Murry  received  ninety-three  votes. 

A.  H.  Garland  received  one  hundred  and  seventy-five 
votes. 

S.  F.  Arnett  received  six  votes. 

W.  P.  Grace  received  eight  votes. 

J.  P.  Johnson  received  seveixty-three  votes. 

Thomas  S.  James  received  one  vote. 

B.  C.  Harley  received  ten  votes. 

I,  Joseph  H.  Maxwell,  Clerk  of  the  Circuit  Court  and 
e.x-officio  Clerk  of  the  County  Court  in  and  for  the  County 
of  Arkansas,  do  hereby  certify  that  the  above  statement  of 
the  polls  of  the  election,  held  in  said  county,  on  the  sixth 
day  of  November,  1861,  is  true  according  to  the  poll  booka 
returned  and  filed  in  my  office  according  to  law. 
Given  under  my  hand  this  13th  November,  1861. 
(Signed.)  JOSEPH  H.  MAXWELL.  Clerk. 

Per  B.  F.  Quertermons,  D.  C. 


We,  the  undersigned,  do  hereby  certify  that  the  above  is  a 
correct  abstract  of  the  returns  made  to  this  office 
Given  under  our  hands  this  13th  November,  18GI. 
(Signed.)  LEWIS  THOMPSON,  J.  P. 

A.  II.  McDonald. 


Abstract  from  the  poll  books  of  the  general  election  held 
in  and  for  the  county  of  Arkansas,  in  the  State  of  Arkan- 
sas, on   Wednesday  the   Gth  day  of  November,    1861,  for 
electors  to  elect  a  President  and  Vice-President  for  the  Con- 
federate States  of  America. 
EDWARD  CROSS, 
DAVID  WALKER, 
JOHN  R.  HAMl'TON, 

H.  L.  GRINSTEAD,  >  Received  379  votes. 

W.  C.  BEVVENS, 
W.  W.  MANSFIELD, 
R.  N.  GAINES. 
I,  Joseph   II.  Maxwell,  Clerk  of  the   Circuit  Court  and 
ex-qfficio  Clerk  of  the  County  Court,  in  and  for  the  county 
of  Arkansas,  do  hereby  certify  that  the  above  statement  of 
the  polls  of  the  election,  held  in  said  county  on  the  Gth  day 
of  November,  1861,  is  true   according  to  the  poll-books  re- 
turned and  filed  in  my  office  according  to  law. 

Given  under  my  hand  and  the   seal  of  said   Court  this 
,^^      13th  day  of  November,  1861. 
j  L.   s.  JOSEPH  II.  MAXWELL,  Clerk. 

'  — ,^  ^  Per  B.  F.  Quertermons,  D.  C. 

We,  whose  names  are  hereunto  subscribed,  do  hereby  cer- 
tify the  above  is  a  correct  abstract  of  the  returns  made  to 
the  office  of  the  Clerk  of  the  polls  of  the  election   held  in 

said  county,  on  Wednesday,  the  day  of  November, 

1861. 

LEWIS  THOMPSON,  J.  P. 

A.  11.  McDonald,  Householder. 


1 


THE  STATE  OF  ARKANSAS: 

To  all  whom  these  presents  shall  come,  greeting  : 

Know  ye,  that   in   compliance  with   law,  an   election  was 
held  on  Wednesday,  the   sixth  day  of  November,   A.   D., 


23 

1861,  in  the  Third  Congressional  District  of  this  State, 
and  it  is  hereby  certified  that,  at  said  election  A.  H.  Garland 
was  duly  elected  a  representative  to  represent  the  State  of 
Arkansas  in  the  House  of  Representatives  of  the  first  Con- 
gress of  the  Confederate  States  of  America,  for  and  during 
the  term  of  two  years,  which  will  commence  with  the 
day  of  February,  A.  D.,  1862,  and  end  Avith  the  day 

of  February,  A.  D.,  1864,  and  will  embrace  the  first  Con- 
gress of  the  Confederate  States. 

In  testimony  whereof,  I,  Henry  M.  Rector,  Governor  of 
the  State  of  Arkansas,  have  hereunto  set  my  hand 
and  caused  the  Seal  of  said  State  to  be  aflSxed  at 

L. 


!-\ 


Little   Rock,  Arkansas,  this   lOth  day  of  Decern 
'^     ber,  A.  D.,  1861. 

HENRY  M.  RECTOR. 
By  the  Governor : 

John  I.  Stirman,  Secretary  of  State. 


DeWitt,  Arkansas,  Dec.  lOth,  1861. 

To  His  Excellency^  Henry  M.  Rector,  Governor  of  the  State 
of  Arkansas,  and  John  I.  Stirman,  Secretary  of  State : 

We,  Lewis  Thompson  and  Alva  H.  McDonald,  who  were 
called  upon  by  Joseph  H.  Maxwell,  Clerk  of  Arkansas 
county,  on  the  13th  day  of  November,  1861,  to  examine 
and  make  out  an  abstract  of  the  vote  cast  for  President  and 
Vice-President  and  President  Electors,  and  also  for  mem- 
bers of  Congress  to  represent  this  district  (the  3d,)  in  the 
first  Confederate  Congress,  ask  tliat  they  be  permitted  to 
withdraw  the  abstract  that  they  then  made  out,  in  order  that 
they  may  be  able  to  substitute  the  true  and  correct  returns 
of  the  votes,  as  found  by  the  poll-books  in  the  office,  in  the 
county  of  Arkansas  and  State  of  Arkansas. 

The  correct  return,  or  abstract,  they  now  enclose,  under 
cover  of  seal,  and  have  dispatched  Greene  C.  Crossen,  as  a 
messenger,  to  deliver  the  same  to  you,  at  office  of  Secretary 
of  State,  at  Little  Rock,  which  they  pray  you  to  receive  and 
count,  as  the  correct  vote  pf  the  county  of  Arkansas,  as 
made  known  by  the  elections  at  the  different  places  of  vot- 
ing, in  said  county,  on  the  6th  day  of  November,  1861,  and 


24 

are  to  be  found  on  file  in  the  County  Clerk's  office,  at  De- 
Witt,  the  county  site  of  Arkansas  county. 

Very  respectfully,  yours, 

JOSEPH  II.  MAXWELL, 
LEWIS  THOMPSON, 

•  A.  II.  McDonald. 


STATE  OF  ARKANSAS,  ) 
County  of  Arkansas.      y 

■  I,  Joseph  II.  Maxvrcll,  Clerk  of  the  Circuit  Court,  and, 
ex  officio,  Clerk  of  the  County  Court  within  and  for  the 
county  of  Arkansas,  do  hereby  certify  that,  at  the  time  that 
the  poll-books  of  the  vote  cast  in  this  county,  on  the  Gth 
day  of  November,  1861,  for  Presidential  Electors  and  Con- 
gressman, were  examined,  I  was  engaged,  waiting  on  the 
Circuit  Court  of  my  county,  wliich  was  then  in  session,  and 
the  abstract  made  out  by  my  deputy,  Benjamin  F.  Querter- 
nions,  who  is  now  in  the  army,  and  Lewis  Thompson,  Esq., 
and  Alva  II.  McDonald,  as  shown  by  the  poll-books  of  the 
diiferent  precincts  of  said  county,  was  incorrectly  counted, 
and  the  abstract  on  file  in  my  office,  a  copy  of  wliich  was 
sent  to  Little  Hock,  contained  error,  and  was  not  the  correct 
vote,  as  is  shown  by  the  poll-books,  which  was  at  that  time 
in  the  office  on  file. 

In  testimony  whereof,  I  have  hereunto  set  my 
hand,  and  affixed  the  seal  of  my  office,  this  the 
loth  day  of  December,  A   D.  1861. 

JOSEPH  II.  MAXWELL,  Clerk. 


^•1 


STATE  OF  ARKANSAS, 

County  of  Arkansas, 

At  an  election  held  at  the  several  precincts  in  Arkansas 
County,  Arkansas,  on  the  sixth  day  of  November,  A.  D. 
1661,  pursuant  to  notice,  for  the  purpose  of  electing  one 
Eiember  to  Congress  of  th""  Confederate  States  of  America, 
from  the  3d  District  of  the  State  of  Arkansas,  whereupon 
the  following  named   persons,  candidates  for  Congress,  re- 


25 


ceived  the  number  of  votes  opposite  theii'  respective  names, 
viz : 


a. 

■a 

a 

o 

a 

^  . 

c. 
2 

C 

c 
o 

d 

4 

. 

a. 

Names  of  Candidates. 

o 

e 

o 

IS 
o 

El 

3 

fe 

1 

% 

« 

H 

K 

c 

i* 

a 
c 

i 

» 
^ 

Eh 

H 
i 

c 

Ic 

S 

a 

3 

GO 

H 

X 

ii 

t- 

a 

a 

::; 

>> 

h 

~ 

*^ 

^^ 

u 

o 

< 

— 

O 

^ 

a 

«B 

O 

- 

^ 

A.  H.  Garland 

17 

7 
9 
16 

11 

40 
1 

1 
39 

18 
9 

1 

2 
6 

11 

19 

35 

5 

22 
5 

81 

1 

11 

J.  P  J»hnson 

John  0.  Murray 

63 

S.  P.  Arnett 



1 
4 

1 
4 

2 

1 

3 

1 

1 

•• 

Win.  P.  Grace 

Thos.    S.  James 

B.  0.  Ilarley  

1 

q 

195 
133 
9T 
9 
3 
1 
1» 


STATE  OF  ARKANSAS, 
County  of  Arkansas. 
We,  JoscPH  II.  Maxwcll,  Clerk  of  the  Circuit  Court  and 
ex-ofEcio  Clerk  of  the  County  Cturt,  in  and  for  said  cjuntj, 
and  LEwrs  Thompson,  an  acting  and  duly  c:mmissioned 
Justice  of  the  Peace,  in  and  for  said  county,  and  Alva.  H. 
McDonald,  a  householder  and  resident  of  said  county  of 
Arkansas,  first  being  duly  sworn  according  to  l;iw,  do  hereby 
certify  that  we  have  this  day  examined  the  poll-l^noks  of  the- 
election  above  mentioned,  and  that  A.  11.  Garland  received 
195  votes;  J.  P.  Johnson,  13i  votes;  John  C.  Murray,  97 
votes;  S.  F,  Arnett,  9  votes;  Wm.  P.  Grace,  8  votes  ;  Thos. 
S.  James,  1  vote,  and  B.  C.  Harley,  10  votes,  and  that  the 
above  is  a  true  and  correct  abstract  of  the  votes  as  returned 
from  the  several  precincts  in  said  county  of  Arkansas. 

Given  under  our  hand,  this,  the  lOth  day  of  December, 
A.  D.,  1861. 

JOSEPH   11.  MAXWELL,  Clerk. 

LEWIS  THOMPSON,  J.  P. 

A.  H.  McDonald,  Householder. 


STATE  OF   ARKANSAS,  ) 
Count V  of  Arkansas.      ) 
I,  Joseph  II.  Maxwell,  Clerk  of  the  Circuit  Court  and 
ex-officio  Clerk  of  the  County  Court  in  and  for  said  county, 


2ti 


do  hereby  certify  that  the  within,  above  ami  foregoins  trans- 
cript is  a  true  and  perfect  copy  of  the  original  one  made  out 
by  myself,  Lewis  Thompson,  and  A.  H.  McDonald,  on  the 
10th  day  of  December,  1861,  as  the  same  is  now  in  my 
office  on  file. 

J  '^-^^  J       In  testimony  whereof,  I  have   hereunto  set  my 
<  SKAL  >  hand  and  affixed  the  seal  of  my  office,  this, 

^  —^  '  the  mth  day  of  December,  I  SGI. 

JOSEPH  H.  MAXWELL,  Clerk. 


STATE  OF  ARKANSAS, 

CoU.NTY  OF  An  KANSAS. 

At  an  election  held  at  the  several  precincts  in  Arkansas 
county,  in  the  State  of  Arkansas,  on  the  6th  day  of  Novem- 
ber, 186 1,  pursuant  to  notice,  for  the  election  of  olecrors  to 
vote  for  President  and  Vice  President  of  the  Confederate 
States  of  America,  the  following  persons,  candidates  for 
electors,  received  the  number  of  votes  opposite  their  respect- 
ive names,  viz : 


STATE  OF   ARKANSAS, 

County  i  f  Arkansas. 

We,  Josi-pu  II.  Maxweil,  Clerk  of  the  Circuit  Court  and 
ex-officio  Clerk  of  the  County  Court,  in  and  for  the  said 
county,  assisted  by  Lewis  Tiiomps(  n,  an  acting  and  duly 
commissioned  Justice  of  the  Peace  for  said  county,  and  A. 
H.  McDonald,  householder  and  resident  of  Arkansas  coun- 


27^ 

ty,  do  hereby  certify  that  we  have  this  day  compared  the 
poll-books  of  the  election  above-mentioned,  and  that  the 
above  is  a  true  and  correct  abstract  of  the  vote  as  returned 
from  the  several  precincts  in  said  county, 

.^-^  Given  under   our  hands,  this    lUth  day   of  De- 

<  SEAL  [  cember.  1861. 

<  .^^  >  JOSEPH  II.  MAXWELL,  Clerk. 

LEWIS  THOMPSON,  J.  P. 

A.  II.   McDonald,  Householder. 


STATE  OF   ARKANSAS,  ) 
County  of  Arkans.vs.         ) 

I,  Joseph  H.  Maxwell,  Clerk  of  the  Circuit  Court  and 
ex-officio  Clerk  of  the  County  Court,  in  and  for  the  county 
aforesaid,  do  hereby  certify  that  the  within  and  foregoing 
abstract  is  a  true,  correct,  and  complete  copy  of  the  original 
one  made  out  by  myself,  Lewis  Thompson-,  and  A.  H.  Mc- 
Donald, on  this,  the  lOth  day  of  December,  1861,  as  the 
same  appears  on  file  in  my  office. 

,^N^  In  testimony  whereof,  I   have  hereunto  set  my 

}  SEAL  >  hand   and   affixed  the  seal  of   my  office. 

^  ^—  ^  this,  the  lOth  dav  of  December,  1861. 

JOSEPH  H.'^MAXWELL,  Clerk. 


STATE  OF  ARKANSAS,  L.  S. 

I,  John  J.  Stirman,  Secretary  of  State  of  the  State  of 
Arkansas,  do  certify  that  the  annexed  and  foregoing  nine 
half  sheets  contain  a  true,  complete,  and  perfect  transcript 
of  the  original  election  returns,  papers  and  documents,  and 
the  endorsements  thereon  on  file  in  my  office,  relating  to  the 
election  held  in  the  county  of  Arkansas,  in  said  State,  for 
Electors  and  a  member  to  the  Confederate  Congress,  &c.,  on 
the  6th  of  November,  1861. 

In  testimony  whereof  I  have  hereunto  subscribed  my 
f  ^^-^  )  name  as  such  Secretary  of  State,  and  affixed  the 
(  Seal  )  Great  Seal  of  the  State  at  office  in   Little  Rock, 

this  13th  day  of  December,  1861. 

JCIIN  I.  STIRMAN, 

Secretary  of  State. 
By  E.  W.  Stirman,  Deputy  Secy  of  State. 


i' 


THE  STATE  OF  ARKANSAS. 

I,  Henry  M.  Rector,  Governor  of  tho  State  of  Arkansas^ 
and  keeper  of  the  Seal  thereof,  do  hereby  certify  that  Jo- 
seph H.  Maxwell,  whose  name  is  signed  to  the  annexed  in- 
struments of  writing,  was  at  the  time  of  signing  the  same. 
Clerk  of  the  Circuit  Court,  and  ex  officio  Clerk  of  the  Coun- 
ty Court  in  and  for  the  county  of  Arkansas,  in  said  State, 
duly  commissioned  according  to  law,  and  that  his  attesta- 
tion is  in  due  form. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
^  .-^.^^  )  caused  the  Seal  of  said  State  to  be  affixed  at  Little 
(  Seal  \  Rock,  on  the  13th  day  of  December,  A.  D.,   1861. 

By  the  Governor  :  H.  M.  RECTOR. 

John  I.  Stirman,  Secretary  of  State. 

Per  E.  W.  Stirman,  Deputy. 


An  abstract  of  the  returns  of  the  election  held  in  Arkan- 
sas county,  State  of  Arkansas,  on  Wednesday,  the  6th  day 
of  November,  1861,  for  a  Representative  of  the  Congress  of 
the  Confederate  States  of  America,  for  the  Third  Congres- 
sional District,  as  appears  from  tlie  returns  made  to  this 
office: 

John  C.  Murray  received  ninety-three  votes; 

A.  H.  Garland  received  one  hundred  seventy-five  votes; 
S.  F.  Arnett  received  six  votes ; 

"VY.  P.  Grace  received  eight  votes ; 

J.  P.  Johnson  received  sevent3'^-three  votes ; 

Thomas  S.  James  received  one  vote ; 

B,  C,  Ilarley  received  ten  votes. 

I,  Joseph  n.  Maxwell,  Clerk  of  the  Circuit  Court,  and, 
ex  officio,  Clerk  of  the  County  Court  in  and  for  the  county 
of  Arkansas,  do  hereby  certify  that  the  above  statement  of 
the  polls  of  the  election,  neld  in  said  county  on  the  sixth 
day  of  November,  1861,  is  true,  according  to  the  poll-books 
returned  and  filed  in  my  office,  according  to  law. 
Given  under  my  hand  this  13th  November,  1861. 
(Signed,)  JOSEPH  MAXWELL,  Clerk, 

per  B.  F.  Querteumons. 


29 


"We,  the  undersigned,  do  hereby  certify  that  the  above  is 
a  correct  abstract  of  the  retura^  made  to  this  office. 
Given  under  our  hands  this  13th  November,  1-61. 
(Signed,)  LEWIS  THOMPSON,  /.  P. 

A.  H.  McDonald. 

A  list  of  vote.T  given  on  the  6th  day  of  November,  1861, 
in  Arkansas  County,  Arkansas,  for  Congress. 


^ 

■ 

■r 

c 

• 

O 

>> 

t> 

Oi 

a. 

, 

• 

Candidates. 

-X 

c 

tn 
■I. 

Si 

3 
O 

c 
c 

i 

XI. 

0 

> 

^ 

cr 

a. 

rt 

C 

h 

>> 

s 

cl 

t- 

o 

r3 

0  :^ 

v.^ 

0 

7 

11 

17 

81 

2-2 

10 

11 

213'     1 

11 

H 

Garland 

186 

Johnson 

9 

1 

1 

i 

i 

5 

0 

0 

9  ?.()  40 

P8 

Afnett 

' 

1 
1 

'4 

5 

Murray 

10 

03 
9 

Hanlcy 

Grace 

James   - 

1' 

STATE  OF  ARKANSAS, 
County  of  Arkansas. 

I,  Joseph  IT.  Maxwell,  Clerk  of  the  Circuit  Court,  and, 
ex  officio.  Clerk  of  the  County  Court  in  and  for  the  county 
aforesaid,  do  hereby  certify  that  I  have  examined  the  poll- 
books  of  the  Congressional  election  held  in  said  county,  on 
the  6th  day  of  November,  1861,  and  that  the  above  and 
foregoing  abstract  is  d  full  and  correct  list,  and  that  I  found 
that  A.  H.  Garland  received  186  votes,  J.  P.  Johnson  re- 
ceived 98  votes,  S,  F.  Arnett  received  5  votes,  J.  C.  ^lurray 
received  91  votes,  Ilarley  10  votes,  Grace  4  and  James  1. 

,^^^  In  testimony  whereof  I  have   hereunto  set   my 

<  L.    s.  >  hand,   and   affixed   the   seal  of  my   office,  the    7th 


December, 


1861 
JOSEPH  H. 


MAXWELL,  Clerk. 


Executive  Office,  ) 

Little  Kock,  Dec,   llth,   1861.} 

This  return,  made  by  the  Clerk  of  the  County  of  Arkan- 
sas, is  deemed  by  me  inadmissible,  for  the  reasons — 


30 

1st.  It  was  not  returned  within   the   time   prescriheil  by 
law. 

2n(l.   It  was  not  sent  in  the  7nodc  prescribed  by  b'^w. 

3d.  It  is  invalidated  by  the  second  paper,  or  certificate  of 
the  same  date,  sent  me  through  the  same  channel,  marked 
No.  2.  The  Clerk  stated,  in  his  No.  1,  the  vote  of  Polk 
township  to  be,  for  Garland  10  votes;  in  No.  2  he  certifies 
that  the  vote  of  Polk  township  is  not  found  in  his  office. 
(Signed,)  II.  M.  RECTOR, 

Governor  of  Arkansas. 


Secretarv  of  State's  Office,  ^ 

Little    Rock,  Arkansas.      > 

February  4,  A.  D.  18G2.  ) 

I,  John  I.  Stirman,  Secretary  of  State  of  Arkansas,  here- 
by certify  that  the  foregoing  two  pages  of  abstracts  and  re- 
turns and  certificates  of  election,  sent  up  by  Joseph  II. 
Maxwell,  who  is  the  Clerk  of  the  Circuit  Court,  and,  ex 
officio,  Clerk  of  the  County  Court  in  and  for  the  County  of 
Arkansas,  in  the  State  of  Arkansas,  and  also  the  page  at- 
tached, which  contains  the  opinion  of  Henry  M.  Rector, 
Governor  of  the  State  of  Arkansas,  is  a  true,  literal,  and 
perfectly  com})arcd  copy  of  the  original  documents  of  the 
same  purport,  now  on  file  in  this  office. 

In  testimony  whereof,  I,  John   I.    Stirman,  Secretary  of 

r^-^^     the  State  of  Arkansas,  do  hereunto  set  my  hand, 
<  Seal  >  and  affix  my  official  seal  of  office,  on  the  day  and 

-^'^  ^  year  first  above  written. 

JOHN  I.  STIRMAN, 

Secretary  of  Stale. 


31 


ABSTRACT  of  Votes  given  for  Representatives  to  the 
Congress  of  the  Confederate  States  of  America,  in  the 
3d  Congressional  District,  held  on  the  6th  day  of  Novem- 
ber, A.  D.,  1861. 


COUFTIES. 


Palaski.. 

SaKine 

Dallas 

Ca  houn.. 

Dnlon 

Jefffrs  'D . 
Bradley. . 

Drew 

A»hl  y... 

Chicot 

IlfBha.... 
Arkansas 
Prairie  .. 

Total   . 


a 

<a 

sA 

a 

c 

d 

j; 

O 

a 

>-» 

< 

n 

c 

cu 

fa 

< 

a 

►ri 

en 
Votes. 

Vote?. 

Votes. 

Votes. 

444 

,    221 

117 

21 

1?3 

190 

144 

8 

231 

112 

149 

84 

20 

60 

52 

57 

843 

194 

172 

1 

70 

58 

8)8 

7 

73 

183 

16") 

17  , 

241 

186 

196 

176 

\m 

336 

11 

65 

161 

1 

82 

2 

22 

347 

3 

175 

10 

73 

6 

91 

159 

269 

146 

Sl.'iT 

1710 

2125 

527 

>^ 

. 

u 

<» 

C 

a 

c' 

^ 

b 

^ 

^" 

f^ 

a 

o 

Votts. 

Votes. 

Votes. 

Votes. 

9 

1 

1 

1 

2 

1 
8 

18 

100 
14 

9"? 

105 

136 

99 

26 

17 

53 

4 

S9 

1 

88 

S 

93 

8 

2 

2 

514 

268 

Fcat'erirp. 

Sciittoriop. 

State  of  Arkansas  : 

I,  John  I.  Stirman,  Secretary  of 
the  State  of  Arkansas,  do  herebj  certify  that  the  foregoing 
abstract  of  the  votes  cast  at  an  election  held  in  tlie  third 
District  of  the  State  of  Arkansas,  on  the  6th  day  of  No- 
vember, A.  D.,  1861,  is  a  true  and  perfect  copy  of  the  same 
as  made  out  by  the  Governor,  in  connexion  with  the  Secre- 
tary of  State,  as  required  by  law.     On  file  in  my  office. 

^-*-/^-*-s  In  testimony  whereof,  I  have  hereunto  set  my 

<  Seal.  [  hand  as  such  Secretary  of  State,  and  affixed  the 
^  v»^~N^-*^  ^  seal  of  the  State  of  Arkansas  at  office  this  the 
13th  day  of  December,  A.  D.,  1862. 

JOHN  I.  STIRMAN, 

Secretary  of  State. 

By  E.  W.  Stirman, 

Deputy  Scaetary  of  State. 


32 


To  Hon.  A.  H.  Garland 


Little  Rock,  Arkansas,  ) 
December  14tli,  1861.      ] 


Sir  :  The  corrected  vote  of  Arkansas  county  gives  me  a 
majority  of  ei;^ht  votes  over  you  in  the  arrgre^ate  of  the 
vote  cast  at  the  election  held  in  this  State  on  the  6th  of 
November,  1861,  for  r::embcrs  to  Congress,  and  as  the  cer- 
tificate of  election  has  been  granted  to  you,  1  hereby  notify 
you  that  1  will  contest  your  right  to  a  seat  in  the  Confede-  ^ 
rate  Congress  by  virtue  of'  the  same. 
Very  respectfully, 

J.  P.  JOHNSON, 

I  certify  the  above  is  a  true  copy  of  a  letter  placed  in  the 
hands  of  Col.  A.  11.  Rutherford,  to  be  left  at  the  House  of 
the  Hon.  A.  H.  Garland,  in  the  city  of  Little  Rock,  this 
December  1-ith,  1861. 

JOHN  D.  KLMBALL. 


Richmond,  January  23d,  1862. 
Hon.  A.  11.  Garland  : 

Dear  Sir  :  By  the  instruction  and  request  of  Jilson  P. 
Johnson,  Esq.,  who  was  one  of  your  competitors  in  the  re- 
cent election  in  the  Third  District  of  the  State  of  Arkansas, 
for  a  seat  in  the  first  Congress  of  the  Confederate  States  of 
America,  I  notify  you  that  it  is  his  intention  to  contest  your 
right  to  a  seat  in  said  Congress. 

I  am  further  authorized  and  requested  by  him  to  state  as 
the  grounds  upon  which  he  feels  compelled  to  nuike  this 
contest,  that  the  returns  of  the  election  in  said  district  upon 
which  were  based  the  action  of  the  Governor  and  Secretary 
of  State  of  the  State  of  Arkansas,  in  their  award  to  you  of 
the  certificate  of  election  to  Congress,  were  erroneous  in 
this,  that  by  the  election  returns  of  the  county  of  Arkansas, 
it  appears  that  you  received  one  Inmdred  and  seventy-five 
votes,  and  that  he  received  seventy-three  votes ;  whereas,  in 
truth  and  in  fact,  and  by  the  corrected  election  returns  of 
the  said  county,  a  true  copy  whereof  is  herewith  submitted, 
it  appears  that  you  received  one  hundred  and  ninety-Jirc  votes, 
and  he  received  one  hundred  and  thirty-three  votes.  Thus  he 
alleges  that   by   the  error  or  the  omission  of  the  olHccrs 


33 

making  the  returns  of  the  said  county  of  Arkansas,  he  is 
deprived  of  many  votes,  saj  forty,  which  were  cast  for  him 
by  citizens  of  said  county.  And  which  said  votes  added  to 
the  residue  which  had  been  cast  for  him  throughout  the  said 
district,  constituted  in  his  favor  a  majority  over  yourself, 
and  a  plurality  over  all  competitors. 

He  further  deems  it  proper  to  state,  that  the  returning 
officers  of  said  county  when  they  had  discovered  the  error 
or  omission  aforesaid,  made  out  anew  a  true  and  corrected 
set  of  returns  of  the  election  for  Congress  in  said  county, 
r,and  transmitted  the  same  to  the  Secretary  of  State,  at  the 
capital  of  said  State,  but  that  the  same  were  not  received 
until  after  the  certificate  of  election  in  your  favor  had  been 
executed  and  delivered. 

Believing,  as  he  does  not  doubt,,  that  he  was  duly  and 
legally  elected  to  Congress,  he  regards  it  as  an  obligation 
under  our  representative  system  of  government,  and  as  a 
duty  to  the  voters  of  the  District,  that  he  should  contest 
your  right  to  the  said  certificate  before  the  House  of  Repre- 
sentatives, and  should,  accordingly,  give  you  this  notice  of 
the  fact. 

I  am,  sir,  very  respectfully. 

Your  obedient  servant, 

R.  W.  JOHNSON, 


AFFIDAVIT  OF  J.  P.  JOHNSON. 


Richmond,  Va.,  ) 
March  12th,  1862.      \ 

Jilson  P.  Johnson  states  on  oath  tliat  when  the  Governor 
had  issued  his  certificate  of  election  to  lion.  A.  II.  Gafland, 
he  consulted  counsel,  and  gentlemen  learned  in  the  law,  at 
Little  Rock,  and  Avas  advised  by  tiiem,  and  verily  Ijclieved, 
that  the  abstract  of  the  votes  of  the  County  of  Arkiinsas, 
made  by  the  Clerk,  the  Justice  of  the  Peace  and  the  House- 
holder, on  the  KUh  of  December,  1861,  was  official  and 
competent  evidence,  and  when  applied  to  the  documents  ne- 
cessary to  show  its  operation  and  effect,  would  be  sufficient 
to  establish  the  error  Avhich  he  alleged  in  his  notice  to  Mr. 
Garland,  and  would  entitle  him  to  succeed  in  his  petition, 
and  that  it  would  not  be  in  anywise  necessary  for  him  to 
take  any  other  proof. 

That  he  acted  on  this  advice,  !ind  his  own  conviction  of 
its  correctness,  and  therefore  made  no  effort  to  obtain  any 
other  proof,  except  the  ducuraents  contained  in  the  state- 
ment of  the  case  and  read  in  evidence. 

He  did  not  believe,  until  after  he  had  reached  Richmond, 
on  the  13th  day  of  February,  that  there  would  be  a  contest 
for  the  seat ;  but  after  his  arrival  hero,  learning  from  Mr. 
Garland,  for  the  first  time,  that  he  would  insist  upon  his 
claim  to  tlic  scat;  Mr.  Garland  being  a  lawyer,  while  the 
affiant  was  not,  he  consulted  and  retained  counsel,  and 
caused  him  to  examine  the  documents. 

He  was  then  informed,  for  the  first  time,  that  it  Avas  pos- 
eiblc  the  committee  might  sustain  objections  of  Mr.  Garland 
to  his  evidence,  and  require  the  production  of  the  copy  of 
the  abstracts  of  the  votes  received  and  recorded  at  the  sev- 
eral precincts  of  the  county  of  Arkansas,  returned  and 
on  file  in  the  Clerk's  office,  or  other  evidence  of  a  higher 
grade  ;  but  that  in   such  event  the  affiant  would  certainly 


35 

be  allowed  to  offer  further  proof,  and  be  given  time  to  obtain 
and  produce  it,  and  that  the  case  could  and  would  be  con- 
ducted in  a  mode  which  would  entitle  him  to  a  motion  for 
that  purpose. 

He  states  that  he  does  verilj  believe  that  the  error  alleged 
in  the  abstract  of  the  votes  of  the  County  of  Arkansas,  made 
up  and  certified  on  the  13th  of  November,  was  erroneous,  aa 
stated  in  his  notice  and  petition,  and  that  the  abstract  of  the 
lOth  December  does  show  truly  the  number  of  votes  given 
for  Mr.  Garland  and  himself  in  that  county,  and  that  this 
fact  will  appear  by  a  compilation  of  the  abstracts  returned 
in  due  time  into  the  clerk's  oflSce  of  the  county,  and  that 
reasonable  time  being  allowed,  he  will  be  able  to  show  the 
fact  by  any  grade  of  evid.ncc  the  committee  shall  require. 

He  asks  for  a  postponement  of  the  final  hearing  of  the 
case,  in  order  that  evidence  may  be  obtained  which  will  show 
the  truth  with  the  highest  degree  of  certainty,  and  justice 
thereby  certainly  done,  and  not  merely  for  delay. 

J.  P.  JOHNSON. 

Sworn  to  and  acknowledged  before  me,  March  12,  1862. 
W.  N.  IL  SMITH,  Chairman,  &c 


36 


Petition  of  Jilson  P.  Johnson  to  I  lie  Ifon.  the  Sprahrr  and  Mem- 
bers of  the  First  Congress  of  the  Confidcratc  States  of  Amer- 
ica— Presented  Ftbrvary  18,  1862. 

Your  petitioner,  Jilson  P.  Johnson,  of  the  county  of 
Desha,  State  of  Arkansas,  respectfully  represents.  That  an 
election  was  held  in  the  3d  Congressional  District  of  said 
State  of  Arkansas,  composed  of  the  counties  of  Pulaski, 
Saline,  Dallas,  Calhoun,  Union,  Jefferson,  Bradley,  Drew, 
Ashle}"^,  Chicot,  Desha,  Arkansas,  and  Prairie,  on  the  6th 
day  of  NoveJiiber,  18G1,  for  a  representative  to  Congress  in' 
accordance  with  a  law  of  the  Provisional  Congress  of  the 
Confederate  States  of  America,  at  which  your  petitioner  was 
a  candidate  for  delegate  from  said  Congressional  district, 
and  as  such  was  voted  for. 

That  on  the  lOth  day  of  December,  1861,  II.  M.  Rector, 
Governor  of  the  said  State  of  Arkansas,  issued  his  procla- 
mation declaring  that  your  petitioner  had  received  2,125 
votes,  and  that  A.  H.  Garland,  one  of  the  competitors  of 
your  petitioner,  had  received  2,157  votes  in  said  district, 
and  further  declaring  that  the  said  A.  11.  Garland  was  duly 
elected  representative  fiom  the  said  3d  Congressional  Dis- 
trict "  to  represent  the  State  of  Arkansas  in  the  House  of 
Representatives  of  the  Congress  of  the  Confederate  States 
of  America,  for  the  term  of  two  years,"  to  commence  on  the 
22nd  day  of  February,  1862. 

And  that  the  said  II.  M.  Rector,  Governor  of  the  State  of 
Arkansas  as  aforesaid,  in  his  said  proclamation  as  aforesaid, 
declared  that  in  the  county  of  Arkansas  in  said  3d  district, 
your  petitioner  had  received  73  votes,  and  that  his  said  com- 
petitor, A.  II.  Garland,  had  in  said  county,  received  175 
votes. 

Your  petitioner  states  that  the  said  II.  M.  Rector.  Gover- 
nor of  the  State  of  Arkansas  as  aforesaid,  in  proclaiming 
the  said  vote  of  the  said  county  of  Arkansas,  was  in  great, 
and  as  your  petitioner  thinks  Avill  be  made  to  appear,  mani- 
fest error,  and  in  proclaiming  that  the  said  A.  .II.  Garland 
■was  duly  elected  representative  from  the  3d  district  aforesaid 
in  likewise  great  error. 

Your  petitioner  states  that  Joseph  IT.  iNIaxwell,  Clerk  of  the 
county  of  Arkansas,  by  B.  F.  Querterraons  Deputy  Clerk, 
on  the  13th  day  of  November,  1861,  certified  that  your  pe- 
titioner received  but  73  votes  in  said  county,  and  that  the 


37 

said  A.  H  Garland  received  but  175  votes  in  said  county, 
which  ■was  also  certified  to  by  Louis  Thompson,  J.  P.,  and 
A.  li.  McDonald,  persons  duly  authorized  by  law  to  exam- 
ine and  certify  to  the  election  returns  from  said  county,  all 
of  which  will  be  more  fully  shown  by  reference  to  page  '•  3" 
of  the  record,  filed  herewith  and  made  part  of  this  petition; 
but  your  petitioner  further  states  that  a  reference  to  pages 
"  6  "  and  "  7  "  of  the  said  record  will  show  that  on  the  Itlth 
day  of  December,  1861,  the  said  Joseph  H.  Maxwell,  Lewis 
Thompson  and  A.  H.  McDonald  petitioned  and  asked  the 
Governor  and  Secretary  of  State  of  the  State  of  Arkansas 
permission  to  withdraw  the  certificate,  "  and  abstract""  that 
they  made  out  on  the  13th  of  November,  1861,  *Uhat  they 
might  be  able  to  substitute  the  true  and  correct  returns  of 
the  votes  as  found  by  the  poll  books  in  the  office  in  the  coun- 
ty of  Arkansas  and  State  of  Arkansas,"  and  that  they  "  en- 
closed under  cover  of  seal "  a  true  and  correct  abstract  of 
votes,  and  "  despatched  Green  G.  Corson  as  a  messenger  to 
deliver  the  same  "  to  the  Governor  and  Secretary  of  State 
of  Arkansas. 

That  they  prayed  the  said  Governor  and  Secretary  of 
State  ''  to  receive  and  count  the  correct  vote  of  the  county 
of  Arkansas;"  and  your  petitioner  further  states  that  as 
will  be  seen,  by  reference  to  page  "  7  "  of  said  record,  on 
the  10th  day  of  December,  1861,  Joseph  Maxwell,  Clerk  of 
said  county  of  Arkansas,  certified  that  on  the  "examination 
of  the  poll  books  in  said  county,  made  on  the  13th  Novem- 
ber, 1861,  he  was  engaged  waiting  on  the  Circuit  Court 
of  the  county,"  that  the  books  were  examined  by  his  '-dep- 
uty, Benjamin  Quertcrmons,"  who  is  now  in  the  array,  that 
the  abstract  made  out  on  the  13th  November,  "  contained  er- 
ror," and  was  not  the  correct  vote  as  is  shown  by  the  poll 
books  which  were  at  that  time  in  "his  office  " 

Your  petitioner  further  states,  that,  as  will  appear  by  re- 
ference to  page  8th  of  said  record,  on  the  lOth  day  of  De- 
cember, 1861,  the  said  Joseph  H.  Maxwell,  Clerk,  and 
Lewis  Thompson,  J.  P.,  and  A.  H.  McDonald,  certified  that 
your  petitioner  had  received  133  votes,  and  the  said  A,  H. 
Garland  had  received  195  votes  in  the  said  county  of  Ar- 
kansas, at  the  election  held  on  the  6th  day  of  November, 
1861,  for  representative  in  Congress,  from  which  it  will 
appear  that  the  true  number  of  votes  cast  in  said  3d  Dis- 
trict was  for  your  petitioner  2,185,  and  that  the  true  num- 
ber of  votes  cast  for  the   said  A.   H.  Garland,  in   said  3d 


38 

District,  was  2,177,  making  a  clear  plurality  in  favor  of 
jour  petitioner  of  8  votes. 

Your  petitioner  has  thus,  as  he  thinks,  conclusively 
sTiown  that  at  said  election  he  received  the  largest  number 
of  votes  for  representative  from  the  said  3d  district,  and  is 
truly  and  fairly  the  representative  elect  from  said   District. 

lie,  therefore,  prays,  that  he  may  be  admitted  a  repre- 
sentative from  the  3d  District  of  Arkansas  to  the  first  Con- 
gress of  the  Confederate  States  of  America,  and  be  permit- 
ted to  take  his  scat  as  a  member  of  the  House  of  Represen- 
tatives in  said  Congress. 

And,  as  in  duty  bound,  -will  ever  humbly  pray, 

J.  r.  JOHNSON. 


RESPONSE  OF  A.  H.  GARLAND  TO  PETITION  OF 
J.  P.  JOHNSON. 


To  the  Honorable  the  Committee  of  Elections  of  the  House  of 
Representatives  of  the  Congress  of  the  Confed:rate  States  ef 
America  : 

The  petition  of  Jilson  P.  Johnson,  of  Arkansas,  now  be- 
fore you,  protesting  against  my  right  to  a  seat  in  Congress 
as  a  Representative  of  the  3J  District  of  Arkansas,  and  set- 
ting forth  his  chiims  to  the  same,  and  praying  for  a  decision 
in  favor  of  his  claims,  demands  from  me  a  response,  which 
I  now  submit  to  you  for  your  consideration. 

It  is  true  there  was  an  election  held  in  said  3d  District  of 
Arkansas  as  said  petition  states,  and  the  Governor  of  Ar- 
kansas, Henry  M.  Rector,  issued  his  proclamation  on  the 
lOth  of  December,  1861,  and  in  such  proclamation,  among 
other  things,  it  was  set  forth  that  I  was  duly  elected  a  Rep- 
resentative from  said  district  to  the  Congress  of  the  Con- 
federate States. 

On  the  same  day  of  the  issuance  of  said  proclamation,  the 
said  Governor,  under  his  signature  and  official  seal,  in  due 
form  of  law,  issued  to  me  a  certificate  of  such  election, 
which  is  now  on  file  with  the  papers  of  Congress. 

I  deny,  most  emphatically,  that  the  petitioner  has  shown 
that  the  Governor  of  Arkansas  committed  any  error  in  pro- 
claiming either  the  vote  of  Arkansas  county,  or  the  result, 
of  the  whole  vote ;  and  I  deny,  also,  that  the  pretended  pa- 
pers or  evidences  submitted  by  petitioner  show  any  such 
error,  in  law  or  in  fact. 

From  an  inspection  of  the  papers  accompanying  the  peti- 
tion, it  does  appear  that  the  certificates  of  Maxwell,  as  clerk,, 
and  Thompson  and  McDonald  as  householders,  were  made 
out  and  sent  to  the  office  of  the  Secretary  of  State  as  alleged. 


40 

And  from  those  papers  it  seems  that  two  different  returns 
were  made  out  by  the  clerk  of  Arkansas  county  and  sent  to 
the  Secretary  of  State,  the  first  on  the  13th  of  November, 
1861,  and  the  other  on  the  Kith  of  December,  1861.  The 
first  return  from  that  county,  made  out  13th  November,  * 
1861,  is  the  one  upon  which  the  Governor  made  his  calcu- 
tion,  and  upon  which,  with  the  returns  from  the  other  coun- 
ties, the  prochimation  of  tlie  Governor  and  the  certificate  of 
election  issued. 

Now,  beyond  this  return,  I  object  to  the  consideration  of 
any  other  that  may  be  before  the  Committee,  and  for  the.sc 
reasons : 

By  the  laws  of  Arkansas,  (Gould's  Digest,  chapter  62, 
page  472,  section  56,)  it  is  provided  that  within  three  days 
after  the  polls  arc  closed,  one  of  the  books  shall  be  sent  to 
the  tlork  of  the  county,  and  the  other  kept  by  the  judges 
for  the  inspection  of  all  persons.  Section  58  provides  that 
that  if  the  poll-book  is  not  sent  in  within  the  time  allowed, 
the  clerk  of  the  county  shall  send  a  messenger  for  it,  and  in 
that  event  the  polls  shall  not  be  compared  till  the  7th  day. 
Section  60  provides  that  on  the  fifth  day  after  the  election, 
or  sooner,  if  all  the  returns  are  in,  the  clerk,  with  two  justices 
of  the  peace  of  the  county,  if  they  can  be  conveniently  had, 
and  if  not,  then  two  householders,  shall  proceed  to  open 
and  compare  the  several  election  returns  which  have  been 
made  to  his  office,  and  make  abstracts  of  the  votes  given  for 
the  several  candidates.  The  returns  from  Arkansas  county, 
upon  which  my  election  was  proclaimed,  being  made  out  on  / 
the  13th  of  November,  came  directly  Avithin  the  time  named 
in  section  58,  but  those  upon  which  the  petitioner  claims  his 
election  were  not  made  out  until  a  month  and  four  days  after 
the  election,  and  could  not,  in  any  view,  have  been  received 
by  the  authorities  in  estimating  the  vote.  And  the  returns 
of  the  13th  November  purport  to  be  full  and  complete,  that 
16,  the  vote  of  the  whole  county. 

Section  71  makes  it  the  duty  of  the  Secretary  of  State  to 
Bend  a  messenger  to  every  county  from  which  returns  have 
not  been  received  for  two  mails  after  the  same  are  duo.  In 
this  case  no  messenger  Avas,  sent,  as  none  was  needed,  the 
returns  having  been  made  out  and  sent  up  regularly  and  in 
due  time. 

By  section  73,  the  Secretary  of  State,  in  the  presence  of 
the  Governor,  is  required  to  cast  up  the  votes  of  the  district 
•within  thirty  days  after  the  time  allowed  to  make  returns, 


41 

or  sooner,  if  all  the  returns  shall  have  been  received ;  and 
after  casting  up  the  vote,  the  Govenior  shall  immediately 
issue  his  proclamation  and  a  certificate  of  election.  In  this 
instance,  all  the  returns  being  received,  {just  a  month  and 
four  days  after  the  ekdioii,)  the  Governor,  after  the  vote  was 
cast  up,  issued  the  proclamation  and  the  certificate  exactly, 
and  in  strict  accordance  with  the  law ;  and  certainly  it  does 
appear  that  this  is  sufficient  to  decide  the  case.  The  re- 
turns from  Arkansas  county,  dated  13th  November,  arc 
made  out  and  certified  by  the  deputy  clerk,  who,  under  the 
law  of  Arkansas,  has  as  full  power  to  do  this  as  his  princi- 
pal.    (See  same  Digest,  chap.  30,  page  248,  sec.  12  ) 

Again,  when  the  clerk  and  the  two  householders  made  out 
one  set  of  returns  and  sent  them  to  the  Secretary  of  State, 
their  duties  were  discharged,  and  as  to  this  matter  they 
wte,  so  to  speak, y?/72di«  officio,  and  the  law  gives  them  no 
authority  to  meet  again  and  make  out  new  returns.  Their  act 
in  making  out  another  set  of  returns  was  a  mere  voluntary 
act,  and  of  no  higher  authority  than  if  any  three  private 
citizens  had  done  the  same  thing.  "Were  this  not  so,  an 
election  would  be  endless.  Admit  this  can  be  done,  and  re- 
ceive these  returns  and  give  the  petitioner  the  seat,  and  I 
might  return  to  Arkansas  and  get  another  certificate  by 
these  gentlemen,  and  come  to  Congress  and  deprive  him  of 
his  seat,  and  so  it  might  continue  without  limit. 

And  the  receiving  of  these  last  returns  at  the  oflUce  of  the 
Secretary  of  State  was  an  act  of  like  character,  without  au- 
thority of  law. 

But  on  what  principle  of  law  or  reason  can  we  receive 
contradictory  certificates  of  clerks  to  these  facts — one  to  md 
to-day,  and  to-morrow  an  entirely  different  one  to  some 
other  person  !  By  this  process  all  the  seats  in  the  Congress 
may  be  filled  by  other  persons  than  those  now  holding  them, 
— and  the  rights  of  society  itself  completely  unsettled. 

Moreover,  this  last  certificate  of  the  clerk  does  not  pre- 
tend to  set  forth  the  particular  error  complained  of.  It  does 
not  state  when,  where  or  how  the  error  was  committed,  nor 
when,  where  and  how  discovered.  In  the  returns  of  the 
13th  November,  the  mere  aggregate  vote  is  given,  in  the 
other  the  vote  is  pretended  to  be  given  by  townships,  but 
yet  no  attempt  is  made  to  point  out  the  precise  difficulty. 
So  the  first  certificate  is  certainly,  to  say  the  least  of  it,  of 
as  high  grado  as  the  second — is  equally  in  form,  and  meets 
the  requirements  of  the  law.     It  cannot  be  set  aside  by  this 


42 

other — a  mere  gratuity,  or  favor  on  the  part  of  these  gentle- 
men. 

It  is  plain,  then,  if  there  is  any  difliculty  in  the  returns, 
after  the  clerks  have  sent  them  to  the  Governor,  it  is  not  for 
the  Governor  to  go  behind  the  certificate  of  the  clerk;  he 
must  take  the  record  as  it  comes  to  him ;  he  cannot  alter  or 
amend  it,  but  the  only  way  to  meet  it  is  to  bring  the  poll- 
books  and  the  ballots  before  Congress,  and  there  trace  out 
the  error.  This  jurisdiction  rests  alone  in  Congress,  and 
this  is  the  testimony  upon  which  to  proceed,  upon  the  fami- 
liar principle,  that  the  best  evidence  of  Avhich  the  case  will 
;ulmit  must  be  furnished;  and  if  you  wish  to  go  behind  a 
clerk's  certificate  and  tlie  Governor's  proclamation  and  cer- 
tificate, to  correct  a  mistake  in  election  returns,  this  is  the 
only  evidence  that  exists  upon  which  to  make  the  correc- 
tion. From  these  the  clerks  in  the  first  instance  makes  out 
his  estimate,  and  if  error  is  committed  it  is  there,  and  the 
books  and  ballots  compared,  alone  will  show  it.  In  cases  of 
contested  elections,  the  law  of  Arkansas  provides  for  the 
opening  of  the  ballots  filed  Avith  the  clerk  (section  59),  doubt- 
less to  prevent  the  very  thing  that  is  attempted  to  be  done 
here  by  clerk's  certificates,  and  certificates  of  private  citi- 
zens, to  correct  errors  or  mistakes  in  counting  out  the  votes. 

I  must  protest,  upon  another  strong  ground,  against  this 
last  certificate  being  received.  After  the  clerk  and  the 
householders  had  performed  their  duty  and  sent  up  the  re- 
turns in  my  favor,  which  entered  into  and  formed  part  of 
my  right  to  the  seat  in  Congress,  I  was  certainly  entitled  to 
notice  of  the  time  and  place  of  making  this  recount.  It 
was  a  matter  of  some  importance  to  me  to  know  this  and  be 
there,  or  represented,  even  if  they  had  the  authority  to  do 
this  at  all,  which  I  here  positively  deny.  To  be  confronted 
by  the  opponent's  witnesses,  or  to  be  notified  of  the  time 
and  place  of  taking  proof  to  aftect  one's  claims,  have  always, 
in  our  country,  been  regarded  as  the  dearest  of  his  rights, 
and  I  know  of  no  good  reason  why  it  should  be  disregarded 
and  ignored  in  a  contest  for  a  seat  in  a  nation's  Congress. 

When  these  gentlemen  Avere  gravely  at  work  making  this 
recount,  I  was  here  at  the  Capitol  trying  to  do  my  duty  as 
a  member  of  the  Provisional  Congress — hundreds  of  miles 
distant  from  the  place  of  their  convocation,  and  was  entirely 
ignorant  of  the  fact,  that  this  great  work  was  going  on. 

If  it  is  admitted,  however,  that  the  certificate  relied  on  by 
the  petitioner  be  correct  and  legitimate,  it  only  proves  at 


43 

last  that  my  majority  in  Arkansas  County  is  only  62  votes 
instead  of  102,  as  set  forth  in  the  count  of  the  votes  on  the 
13th  November.  There  are  twelve  other  Counties  in  the 
District,  and  from  all  of  them  returns  were  received  and 
calculated.  While  this  pretended  error  may  have  occurred 
in  Arkansas  County,  others  of  the  same  kind  may  have 
taken  place  in  other  Counties  as  against  me.  If  the  vote  of 
Arkansas  County  be  not  as  the  Governor  proclaimed  it,  may 
not  all  or  some  of  the  others  be  misstated  ?  And  while  the 
petitioner  rejects  one  part  of  the  proclamation,  he  seems  to 
rely  upcm  it,  and  make  it  the  basis  of  his  claim  here,  in  all 
others !  If  the  question  of  errors  and  mistakes  in  the 
votes  of  the  Counties  be  an  open  one,  I  simply  request  the 
privilege  of  examining  and  comparing  the  votes  of  the  other 
Counties  to  ascertain  who  is  really  elected.  It  may  be,  as 
there  were  some  seven  candidates,  that  neither  the  petitioner 
or  myself  is  elected !  This  is  strongly  impressed  upon  my 
mind,  as  a  very  intelligent  and  highly  respectable  citizen  of 
Union  county,  Arkansas,  in  a  letter  of  the  23d  ultimo,  in- 
formed me  that  I  had  received  six  more  votes  in  that  county 
than  the  returns  gave  me,  and  this  could  be  proved  by  the  poll- 
books.  This  letter  I  have,  and  am  ready  at  any  time  to  pro- 
duce it  before  the  committee.  And  I  must  ask  the  right  to 
have  the  necessary  examination  and  proof  taken  in  the  cause 
to  establish  the  true  state  of  the  case  throughout  the  Dis- 
trict, if  the  committee  determine  there  is  showing  enough 
to  justify  an  enquiry  into  the  matter  at  all.  This  is  due  to 
those  who  claim  riglits  here,  to  the  people  of  the  District, 
as  well  as  the  whole  State  of  Arkansas. 

However,  the  most  interesting  feature  of  this  remarkably 
interesting  case  is  this:  On  the  7th  of  December,  1861, 
the  clerk  of  Arkansas  county  makes  out  another  abstract  of 
the  vote,  by  townships,  and  certifies  to  it,  and  sends  it  to 
the  Governor  of  Arkansas,  to  take  the  place  of  the  first  one 
made  out,  dated  November  13th,  1861.  In  this  return  of 
the  7th  of  December,  (which,  for  the  sake  of  designation, 
let  us  call  it  the  intermediate  reinrn,)  the  petitioner  received 
98  votes,  and  myself  86  votes,  which  reduces  my  majority 
from  the  first  count  14  votes,  but  still  leaves  me  elected  by 
18  votes.  This  certificate  is  from  the  same  clerk,  and  prior 
in  time  to  the  one  relied  on  by  the  petitioner,  and  is,  be- 
yond question,  entitled  to  aS  much  consideration,  and  is 
herewith  presented,  marked  X,  and  asked  to  be  received  as 
part  of  this  response ;  it  is  authenticated  in  the  same  man- 


li 

ncr  as  the  pipers  of  the  petitioner  are.  His  papers  are  no 
eviilence,  nor  is  this  one  allsule  I  to — but  if  his  are,  this  is — 
an'l  the  result  is,  I  am  elected  at  last,  "  the  best  two  in 
three,"  which,  the  world  over,  is  considered  decisive  and 
conclusive.  IP"the  eoratnittee  will  consider  his  papers,  I  re- 
quest a  kind  consideration  of  this  one,  which  then  must 
leave  the  oHlcial  acts  of  the  Governor  to  decide  the  case.  In 
other  words,  the  very  contradiction  of  these  papers  must 
throw  such  doubts  over  the  matter  as  to  leave  it  to  be  de- 
termined by  the  certificate — which  is  the  highest  and  best 
cvitlehce  of  the  legal  right,  not  to  be  set  aside  on  mere 
doubt,  but  only  in  cases  of  clear  mistake  or  fraud,  and  those 
cases  clearly  and  fully  made  out.  All  official  acts  have  the 
benefit  of  the  jM-esumption  that  they  are  done  riglitly,  and 
when  they  are  impeached  for  fraud  or  mistake,  the  particu- 
lar fraud  or  mistake  must  be  distinctly  pointed  out  and  dis- 
tinctly proved. 

Then,  briefly,  the  petitioner's  evidence  is  not  admissible 
for  any  purpose.  If  admissible,  it  proves  nothing  and  docs 
not  meet  the  case. 

And,  if  admissible,  I  offer  evidence  of  the  same  dignity 
■which  contradicts  it  directly  ;  and  with  this  contradiction  in 
the  case,  the  certificate  of  the  Governor  properly  and  reg- 
ularly issued  under  the  law  as  recited,  must  be  received  as 
conclusive, 

I  beg  pardon  for  saying  so  much,  but  I  could  not  well 
Bay  less,     I  crave  the  earnest  attention  of  the  committee, 
to  the  points  suggested,   and  hope  they  may  aid  the  com- 
mittee in  coming  to  some  just  conclusion  in  the  premises. 
Respectfully, 


Richmond,  February  20th,   1862. 


A.  H  GARLAND. 


45 


A  list  of  votes  given  on  the  6tli  day  of  November,  1861, 
in  Arkansas  County,  Ark.,  for  Congress, 

[Here  follows  the  vote  by  toTvi\BLips.] 

State  of  Arkansas,  Countv  of  Arkansas  : 

I,  Joseph  H.  Maxweil.  Clerk  of  the  Circuit  Court,  and 
tx  officio.  Clerk  of  the  County  Court  in  and  for  the  County 
aforesaid,  do  hereby  certify  tliat  I  have  exauiined  the  poll- 
books  of  the  Congressional  election,  held  in  said  County  on 
the  6th  day  of  November,  1861,  and  that  the  above  and 
foregoing  abstract  is  a  full  and  correct  list,  and  that  I  found 
that  A.  H.  Gailand  received  186  votes  ;  J,  P.  Johnson  re- 
ceived 93  votes;  S.  F.  Arnett  received  o  votes;  J.  C.  Mur- 
ray received  91  votes;  Ilarley,  10  votes;  Grace,  4,  and 
James  1. 

--wv-^-s  In  testimony  -whereof  I  hereunto  set  my  hand 

\    Seal.    >  and  affix  the  seal  of  my  office  the  7th  December, 
^  .^.^   ^  1861. 

Signed, 

JOSEPH  H.  MAXWELL,  Clerk. 

Here  follow  the  certificates  of  the  Secretary  of  State,  &c., 
that  these  returns  were  received,  &c.,  &c. 


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